HUSSLEIN, JR. v. HUSSLEIN


34 A.D.3d 533 (2006)

823 N.Y.S.2d 680

LUDWIG HUSSLEIN, JR., et al., Appellants-Respondents, v. RAYMOND HUSSLEIN, Respondent-Appellant.

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

Decided November 14, 2006.


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

Contrary to the parties' contentions, the Supreme Court properly denied the motion and cross motion for summary judgment in view of the existence of disputed issues of fact involving the satisfaction of a mortgage (see Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]; Sillman v Twentieth Century-Fox Film...

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