OPINION OF THE COURT
ARTHUR M. DIAMOND, J.
Plaintiff's motion for summary judgment pursuant to CPLR 3212 on the mortgage note signed by defendant dated December 21, 2001 is denied; the defendant's cross motion to dismiss the complaint is also denied.
The parties had entered into a separation agreement dated December 21, 2001 which provided that the marital residence should be listed for sale with one or more brokers on August 31, 2004. The parties...
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