Malik v. Bernitt

In this foreclosure action, plaintiffs motion for summary judgment is denied. Defendants have raised triable issues of fact with respect to allegations of unconscionable and oppressive conduct of plaintiff, including: plaintiffs fraud in inducing defendants to sign a contract of sale, note and mortgage; bad faith on the part of plaintiff; and, plaintiffs material misrepresentations to defendants. Further, equitable estoppel might prevent plaintiff from foreclosing on the mortgage.