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ROSENZWEIG v. GIVENS

13 N.Y.3d 774 (2009)

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

Court of Appeals of New York.

Decided September 17, 2009.

Attorney(s) appearing for the Case

Marc E. Elliott, P.C., New York City (Marc E. Elliott of counsel), for appellant.

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

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

In connection with the mortgage foreclosure action, defendant has alleged sufficient facts to warrant denial of plaintiff's prediscovery motion for summary judgment, having asserted that plaintiff, an attorney who was then her paramour, secured the mortgage through fraud and overreaching and...

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