Nagelbush v. United Postal Savings Ass'n

This is a consolidated appeal taken by the co-signers of a promissory note and mortgage, Jerome and Miriam Nagelbush [hereinafter the “Nagelbushes”] and John and Margaret Capozzi [hereinafter the “Capoz-zis”], from an adverse final summary judgment entered in favor of the holder of the subject note and mortgage, United Postal Savings Association [hereinafter “United Postal”]. We reverse the summary judgment under review and remand for further proceedings based on the following briefly stated legal analysis.

The record, in our view, raises genuine issues of material fact concerning certain…