GREENE v. FITZPATRICK


154 A.D.2d 898 (1989)

Phyllis C. Greene, Appellant, v. James Fitzpatrick, Respondent. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 6, 1989


Order unanimously affirmed without costs.

Memorandum:

In this action by plaintiff to set aside certain conveyances of real property, Special Term properly denied plaintiff's motion for summary judgment. There are triable issues of fact concerning the intention of the parties when they executed a promissory note and mortgage regarding the Wellsville property, whether there was a debt owed by plaintiff to defendant and whether the Wellsville property was intended...

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