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FIRST FED. SAV. & LOAN ASSN. v. LEWIS

14 A.D.2d 150 (1961)

First Federal Savings & Loan Association of New York, Respondent, v. Harry Lewis et al., Defendants, and United States of America, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 24, 1961.

Attorney(s) appearing for the Case

Mark I. Cohen of counsel (Stephen Kurzman with him on the brief; S. Hazard Gillespie, Jr., and Morton S. Robson, United States Attorneys), for appellant.

Frederick F. Hufnagel of counsel (W. Rowland Miller, II, with him on the brief; Bertine & Hufnagel, attorneys), for respondent.

NOLAN, P. J., KLEINFELD, CHRIST and PETTE, JJ., concur.

BRENNAN, J.

In this action to foreclose a consolidated first mortgage on certain real property in Westchester County, the essential facts are not in dispute.

It appears that on March 30, 1950, the defendants, Harry Lewis and Laila Lewis, his wife, acquired the real property which was then incumbered by a first mortgage made to plaintiff and held by it. At the...

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