Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of GE Capital Mortgage Service, Inc., which was for summary judgment against Michael J. Taylor is denied.
The appellant made a loan to Diane Jones (hereinafter the owner) to enable her to make certain home improvements and to qualify for a larger loan upon refinancing. The loan was secured by a second mortgage held by the appellant and was recorded on...
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