Kossoff v. Felberbaum, 14 Civ. 1144. (2016)
Court: District Court, S.D. New York
Number: infdco20160916d58
Visitors: 17
Filed: Sep. 12, 2016
Latest Update: Sep. 12, 2016
Summary: OPINION ROBERT W. SWEET , District Judge . Defendant counterclaim plaintiff Florida Foreclosure Attorneys, PLLC ("FFA" or the "FFA Defendant") has mov ed pursuant to Rule 56 of the Federal Rules of Civil Procedure for partial summary judgment fixing the amount of damages that is owed by the plaintiff Mitchell Kossoff ("Kossoff" or the "Plaintiff") under a Restated Promissory Note executed by Plaintiff dated December 1, 2012 (the "Note"). The Defendants' Statement of Undisputed Material Fac
Summary: OPINION ROBERT W. SWEET , District Judge . Defendant counterclaim plaintiff Florida Foreclosure Attorneys, PLLC ("FFA" or the "FFA Defendant") has mov ed pursuant to Rule 56 of the Federal Rules of Civil Procedure for partial summary judgment fixing the amount of damages that is owed by the plaintiff Mitchell Kossoff ("Kossoff" or the "Plaintiff") under a Restated Promissory Note executed by Plaintiff dated December 1, 2012 (the "Note"). The Defendants' Statement of Undisputed Material Fact..
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OPINION
ROBERT W. SWEET, District Judge.
Defendant counterclaim plaintiff Florida Foreclosure Attorneys, PLLC ("FFA" or the "FFA Defendant") has mov ed pursuant to Rule 56 of the Federal Rules of Civil Procedure for partial summary judgment fixing the amount of damages that is owed by the plaintiff Mitchell Kossoff ("Kossoff" or the "Plaintiff") under a Restated Promissory Note executed by Plaintiff dated December 1, 2012 (the "Note").
The Defendants' Statement of Undisputed Material Facts pursuant to Local Rule 56.1 and Plaintiff's Response pursuant to Rule 56.1 to Defendants' Statement of Undisputed Facts establish that there is a factual conflict as to the amount due under the Note — Kossoff contending $500,000 and FFA contending $515,000. The motion for partial summary judgment therefore is denied. The Pre-trial Order will be submitted in three weeks and the action will be marked ready for trial. Counsel will be given one week notice of the trial date.
Conclusion
Based on the conclusions set forth above, Defendant's motion for summary judgment is denied.
It is so ordered.
Source: Leagle
