Appellate Division of the Supreme Court of New York, 1992

Kramisen v. 170 West 81 Street Owners Corp.

Kramisen v. 170 West 81 Street Owners Corp.
Appellate Division of the Supreme Court of New York · Decided December 1, 1992
188 A.D.2d 273
Kramisen v. 170 West 81 Street Owners Corp.

Opinion of the Court

Order, Supreme Court, New York County (Carmen Beauchamp Cipa*274rick, J.), entered on or about March 31, 1992, which denied plaintiffs motion for summary judgment in a mortgage foreclosure action, unanimously affirmed, with costs.

The IAS Court properly determined that questions of fact exist with respect to the identity of the true holder of the wraparound mortgage and the circumstances surrounding the default, among others. These issues are not resolved by the parties’ stipulation. Concur — Sullivan, J. P., Carro, Wallach, Kupferman and Kassal, JJ.

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