SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
December 2, 2008
DOOW-KCOR CONSTRUCTION CORP., APPELLANT,
AUSTIN AZZARETTO, ET AL., RESPONDENTS.
In an action to foreclose a mortgage on real property, the plaintiff appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Nassau County (LaMarca, J.), dated October 5, 2007, which, inter alia, denied those branches of its motion which were for summary judgment on the complaint and to strike the answer, counterclaims, and affirmative defenses of the defendant Austin Azzaretto.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PETER B. SKELOS, J.P., ROBERT A. LIFSON, FRED T. SANTUCCI & RUTH C. BALKIN, JJ.
(Index No. 1319/07)
DECISION & ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
There are questions of fact warranting the denial of summary judgment (see Alvarez v Prospect Hosp., 68 NY2d 320).
The plaintiff's remaining contentions are without merit.
SKELOS, J.P., LIFSON, SANTUCCI and BALKIN, JJ., concur.
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