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FED. DEPOSIT INS. CORP. v. EISNER

208 A.D.2d 799 (1994)

618 N.Y.S.2d 71

Federal Deposit Insurance Corporation, as Conservator for Crossland Federal Savings Bank, Appellant, v. Mordechai Eisner, Also Known as Mordechi Eisner, et al., Respondents

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

October 24, 1994

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

When a plaintiff moves for summary judgment, the court may properly look beyond the defendant's answer and deny summary judgment if facts are alleged in opposition to the motion which, if true, would constitute a meritorious defense (see, Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 N.Y.2d 175, 182; Curry v Mackenzie...

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