Cogswell v. CitiFinancial Mortgage Co., Inc.

Dist. Ct. erred in granting defendant’s motion for summary judgment in action alleging that defendant breached contract calling for defendant’s transfer of its interest in mortgage to plaintiff where defendant failed to provide plaintiff with original or copy of mortgage note. Plaintiff presented sufficient evidence to create triable fact as to whether defendant’s production of note was part of instant contract. Fact that plaintiff’s evidence (which included uncontested affidavit from individual testifying that parties had agreed that defendant would produce note) was open to differing interpretations did not require different result. Moreover, plaintiff presented sufficient proof of damages arising out of alleged breach of contract where state court had previously denied its request to foreclose on instant mortgage due to plaintiff’s failure to produce copy of said note.