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10/27/09 10:33 AMRosenzweig v Givens (2009 NY Slip Op 06468)Page 1 of 2http://www.courts.state.ny.us/reporter/3dseries/2009/2009_06468.htm
Rosenzweig v Givens
2009 NY Slip Op 06468Decided on September 17, 2009Court of AppealsPublished by New York State Law Reporting Bureaupursuant to Judiciary Law §431.As corrected through Monday, September 21, 2009.
Decided on September 17, 2009 No. 190 SSM 23
[*1]Joseph I. Rosenzweig, Appellant,vRadiah K. Givens, Respondent.
Submitted by Marc E. Elliott, for appellant.Submitted by Barbara H. Katsos, for respondent.MEMORANDUM:The order of the Appellate Division should be affirmed, with costs, and the certifiedquestion answered in the affirmative.In connection with the mortgage foreclosure action, defendant has alleged sufficientfacts to warrant denial of plaintiff's pre-discovery motion for summary judgment,[*2]having asserted that plaintiff, an attorney who was then her paramour, secured the 
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