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ODETTE REALTY CO. v. 251 WEST 92ND CORP.

216 A.D.2d 109 (1995)

628 N.Y.S.2d 95

Odette Realty Company, Respondent-Appellant, v. 251 West 92nd Corp., Appellant, and Capital Aid Corp. of South Carolina, Respondent-Appellant, et al., Defendants. (And a Counterclaim Action.)

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

June 15, 1995

The IAS Court properly declined to grant summary judgment upon the conflicting evidence and affidavits presented by the parties (see, Communications & Entertainment Corp. v Hibbard Brown & Co., 202 A.D.2d 191). There are substantial issues of fact regarding, among others, whether Claire Friedlander impacted Odette's rights to collect and retain the proceeds of the mortgage note, and in light of the substantial issues...

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