The defendants brought a motion for summary judgment to dismiss the plaintiff's action.
The plaintiff claimed a 50% equitable interest in a real estate property based on an oral joint venture agreement, while the defendants argued the relationship was strictly that of borrower and lender secured by promissory notes and a mortgage.
The court dismissed the motion, finding that the conflicting evidence regarding the nature of the parties' relationship raised significant credibility issues that constituted a genuine issue requiring a full trial.
