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LAVIN v. ELMAKISS

302 A.D.2d 638 (2003)

754 N.Y.S.2d 741

MARTIN V. LAVIN, Respondent, v. YAKOV ELMAKISS et al., Appellants.

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

Decided February 6, 2003.

Crew III, J.

In May 1989, plaintiff purchased a mobile home park from defendant Elmakiss Realty Trust for $700,000. Defendant Yakov Elmakiss was the trustee of the trust. To finance the sale, plaintiff executed a mortgage in favor of Chase Lincoln Bank in the amount of $325,000 and another mortgage in favor of the trust for the remaining $375,000. In March 1991, plaintiff defaulted on the mortgage to the trust and, by letter dated April 25, 1991, the trust sent a...

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