Empbanque Capital Corp. v. Griffith

—In an action to foreclose a mortgage, the defendant Wendell Griffith appeals from an order of the Supreme Court, Kings County (Garry, J.), dated July 16, 1991, which, inter alia, granted the plaintiff’s motion for summary judgment, and appointed a Referee to ascertain and compute the amount due to the plaintiff.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and a judgment of the same court entered April 16, 1992, is vacated.

On November 18, 1987, the appellant and his wife refinanced their mortgage with the plaintiff with another lender. Accordingly, they…