The plaintiffs brought a motion for summary judgment against the defendant for $538,000 representing the principal of various loans.
Prior to the hearing, the defendant consented to partial summary judgment for $300,000.
The court considered whether summary judgment should be granted for the remaining $238,000.
Finding that the outcome would turn heavily on assessments of credibility due to contradictions in the defendant's evidence and the nature of the documentary evidence, the court concluded it could not make the necessary findings of fact.
The motion for summary judgment for the remaining $238,000 was dismissed and ordered to proceed to trial.
