BEECH MOUNTAIN VACATIONS v. NY FINANCIAL

WYNN, Judge.

Defendant New York Financial, Inc. ("NY Financial") appeals from an order of the trial court granting summary judgment for Plaintiff Beech Mountain Vacations, Inc. ("Beech Mountain") and Third Party Defendant Gary P. Eidelstein ("Eidelstein") in Beech Mountain's action to quiet title to certain properties. NY Financial argues the trial court erred in concluding (1) that no material dispute of fact existed, and (2) that judgment as a matter of law was therefore warranted. For the reasons set forth herein, we reverse the trial court's order granting summary judgment and remand the…