FREMONT INV. & LOAN v. DELSOL

2008-01474.

2009 NY Slip Op 06403

FREMONT INVESTMENT & LOAN, respondent, v. SELINA DELSOL, ET AL., defendants, SHIRLEY THOMPSON, appellant.

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

Decided September 8, 2009.


Attorney(s) appearing for the Case

Ropes & Gray LLP, New York, N.Y. (David S. Elkind and Steven T. Hoort of counsel; Charles P. Humphreville on the brief), for appellant.

Knuckles, Komosinski, Scutieri & Elliott, LLP, Tarrytown, N.Y. (Kenneth J. Flickinger of counsel), for respondent.

Before: Peter B. Skelos, J.P., Steven W. Fisher, Howard Miller, Randall T. Eng, JJ.


DECISION & ORDER

ORDERED that the order is reversed, on the law, with costs, that branch of the plaintiff's motion which was for summary judgment on the first cause of action is denied, and the matter is remitted to the Supreme Court, Westchester County, for a determination of that branch of the plaintiff's motion which was for summary judgment on the fourth cause of action.

In connection with the purported sale of the appellant's residence, the plaintiff...

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