| Doow-Kcor Constr. Corp. v Azzaretto |
| 2008 NY Slip Op 09552 [57 AD3d 473] |
| December 2, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Doow-Kcor Construction Corp., Appellant, v Austin Azzaretto et al., Respondents. |
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Jaspan Schlesinger Hoffman LLP, Garden City, N.Y. (Linda S. Agnew of counsel), for respondent
Austin Azzaretto.
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.
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 [1986]).
The plaintiff's remaining contentions are without merit. Skelos, J.P., Lifson, Santucci and Balkin, JJ., concur. [See 2007 NY Slip Op 33307(U).]