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GE Capital Mortgage Services, Inc. v. Frew

Citations: 226 A.D.2d 424; 640 N.Y.S.2d 803; 1996 N.Y. App. Div. LEXIS 3565

Court: Appellate Division of the Supreme Court of the State of New York; April 8, 1996; New York; State Appellate Court

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William J. Frew, Jr. appeals a May 12, 1995 order from the Supreme Court of Richmond County, which granted the plaintiff's motion for summary judgment in a mortgage foreclosure action. The court affirmed this order, with costs awarded to the plaintiff. The ruling highlighted that the plaintiff had explicitly rejected Frew's offer to transfer the deed of the mortgaged property as a means to satisfy the debt. Consequently, there were no triable issues of fact regarding the plaintiff's right to foreclose the mortgage, as established by relevant case law. The decision was supported by the concurrence of Judges Sullivan, Copertino, Santucci, and Goldstein.