Horowitz v. Griggs

—In an action to foreclose a mortgage, the defendant Ruth Griggs appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Barasch, J.), dated October 15, 1996, as (a) granted the plaintiffs motion for summary judgment, and (b) struck the answer, affirmative defenses, and counterclaims.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiffs motion for summary judgment is denied, and the answer, affirmative defenses, and counterclaims are reinstated.

Upon the record before us, questions of fact exist as to whether…