Narrative Opinion Summary
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.
Legal Issues Addressed
Rejection of Alternative Debt Satisfaction Methodssubscribe to see similar legal issues
Application: The plaintiff's explicit rejection of the defendant's offer to transfer the deed as a method to satisfy the debt was a key factor in affirming the foreclosure.
Reasoning: 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.
Summary Judgment in Mortgage Foreclosuresubscribe to see similar legal issues
Application: The court granted summary judgment in favor of the plaintiff, affirming the right to foreclose the mortgage due to the absence of triable issues of fact.
Reasoning: The court affirmed this order, with costs awarded to the plaintiff. Consequently, there were no triable issues of fact regarding the plaintiff's right to foreclose the mortgage, as established by relevant case law.