When Joseph Rosenzweig sought to foreclose on a mortgage he had given to Radiah Givens -- his then paramour, who later became his wife -- Givens countered that Rosenzweig had secured the mortgage by way of fraud, overreaching, and, by exploiting a fiduciary relationship he had with her.
Givens claimed that in order to facilitate the condo's purchase, she was asked to sign a mortgage document which identified Rosenzweig as the lender.
Three years into their marriage, when Givens discovered Rosenzweig was hitched to someone else, Rosenzweig demanded payment of the "loan."
After the Appellate Division, First Department, rebuffed Rosenzweig's request for relief in his favor, he headed on to the Court of Appeals, which shared the view a trial was warranted.
This I tell you brother ....
To view a copy of the Court of Appeals' decision, please use this link: Rosenzweig v. Givens