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ROSENZWEIG v. GIVENS

62 A.D.3d 1 (2009)

___ N.Y.S.2d ___

JOSEPH I. ROSENZWEIG, Respondent, v. RADIAH K. GIVENS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 8, 2009.

Attorney(s) appearing for the Case

Law Offices of Barbara H. Katsos, P.C., New York City (Barbara H. Katsos of counsel), for appellant.

Marc E. Elliott, New York City, for respondent.

MAZZARELLI, J.P., and SWEENY, J., concur with MOSKOWITZ, J.; FRIEDMAN, J., dissents in part in a separate opinion.

OPINION OF THE COURT

MOSKOWITZ, J.

Given the highly unusual circumstances of this case, we do not believe that the motion court should have granted summary judgment to plaintiff at this early juncture, prior to discovery. Plaintiff Joseph Rosenzweig commenced this action to foreclose on two mortgages he issued to defendant Radiah Givens on May 10, 2002, in connection with the balance due on defendant's alleged purchase of a condominium apartment. The apartment...

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