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ROTH v. SPEILMAN

25 A.D.3d 383 (2006)

807 N.Y.S.2d 81

PHILIP ROTH, Appellant, v. MICHAEL SPEILMAN et al., Respondents.

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

January 10, 2006.

The court properly concluded that defendants' certification of financial statements to the United States Department of Housing and Urban Development, which included the alleged loan purportedly owed to plaintiff's decedent, merely created an issue of fact as to the existence of the loan and defendants' obligation to pay (see Matter of Heisler v Gingras, 90 N.Y.2d 682, 688 [1997]; Cognetta...

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