Brint v. Ellin Express Corp.

In this action to foreclose a mortgage in which the plaintiff has moved for summary judgment and in response to which the defendants cross-moved to dismiss the complaint and to cancel the bond and mortgage and to discharge the latter of record, both motions are denied. Although the affidavits submitted leave something to be desired in the way of presentation of the facts, the court is satisfied that they do present an issue which ought to be determined only after a full trial. (Shapiro v. Weissman, 7 A D 2d 752; Broad & Wall Corp. v. O’Connor, 13 A D 2d 462.)

The individual defendants here,…