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Summary judgment for loan repayment denied due to inextricably connected counterclaim and factual disputes.
The plaintiff moved for summary judgment to enforce repayment of a $250,000 loan agreement.
The defendant opposed, arguing the loan was modified by oral agreements and that the plaintiff's son had diverted the wood flooring intended as security.
The defendant also issued a counterclaim against the plaintiff, his son, and related corporate entities.
The court dismissed the motion, finding that the issues were inextricably connected to the counterclaim and that a trial was required to resolve complex factual disputes and credibility issues.
