Cawley v. Schochat

The defendant appeals from the money judgment rendered by the trial court for the plaintiff and from the dismissal of his counterclaims. The defendant claims that the trial court erred (1) in granting the plaintiff’s motion for summary judgment on the issue of liability despite unresolved issues of law and fact, (2) in dismissing his counterclaims, and (3) in granting a money judgment where the plaintiff sought foreclosure of a mortgage. We find no error.

The following facts are undisputed. The defendant contracted to purchase from the plaintiff a multi-unit house at 383-385 Poplar Street, New…