Sudit v. Schapiro

The Supreme Court erred in granting, on condition, those branches of the plaintiffs motion which were for summary judgment against the appellants Schneuer Z. Schapiro and Chana Shapiro, the owners of the subject condominium unit, and Wells Fargo Bank (hereinafter Wells Fargo), which had issued a mortgage on the subject condominium unit and for the appointment of a referee to compute.

In opposition to the plaintiffs prima facie showing of entitlement to summary judgment, and for the appointment of a referee to compute, the appellants raised a triable issue of fact as to whether the 1997…