Fremont Investment & Loan, res, v. Selina Delsol def, Shirley Thompson, ap — (Index No. 9585/06) In an action, inter alia, to impose an equitable mortgage upon certain real property owned by the defendant Shirley Thompson, that defendant appeals from an order of the Supreme Court, Westchester County (Nicolai, J.), entered January 11, 2008, which granted that branch of the plaintiff’s motion which was for summary judgment on the first cause of action to the extent of imposing an equitable mortgage upon the real property in the amount of $258,570.
ORDERED that the order is reversed, on the law, with costs, that branch of the plaintiff’s motion which was for summary judgment on the first cause of action is denied, and the matter is remitted to the Supreme Court, Westchester County, for a determination of that branch of the plaintiff’s motion which was for summary judgment on the fourth cause of action.
