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Stanton v. Mid-Valley Garden Center, Inc.

65 A.D.2d 771 Court N.Y. App. Div. Decision date 1978-11-13 English

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p. 771
John G. Stanton, Respondent, v Mid-Valley Garden Center, Inc., Appellant, et al., Defendants.

In an action to foreclose a mortgage, defendant Mid-Valley Garden Center, Inc., appeals from an order of the Supreme Court, Orange County, dated June 19, 1978, which granted plaintiff’s motion for summary judgment dismissing its answer. Order reversed, with $50 costs and disbursements, and motion denied. We find that issues of fact exist which may be resolved only after a trial. Mollen, P. J., Latham, Damiani and Titone, JJ., concur.