Opinion
No. 2007-09926.
December 2, 2008.
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.
Haber Haber, LLP, Garden City, N.Y. (Stephen D. Haber of counsel), for appellant.
Jaspan Schlesinger Hoffman LLP, Garden City, N.Y. (Linda S. Agnew of counsel), for respondent Austin Azzaretto.
Before: Skelos, J.P., Lifson, Santucci and Balkin, JJ., concur.
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.
[ See 2007 NY Slip Op 33307(U).]