SHOHFI v. SHOHFI


277 A.D. 390 (1950)

Jamalie Shohfi, Appellant, v. Essa Shohfi et al., Respondents

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

November 6, 1950.


Attorney(s) appearing for the Case

William A. Walsh and William A. Walsh, Jr., for appellant.

Monroe J. Cahn for respondents.

NOLAN, P. J., CARSWELL, ADEL and SNEED, JJ., concur.


JOHNSTON, J.

This is an action to foreclose a $10,000 mortgage, dated January 23, 1929, on real property owned by defendants. The complaint was dismissed after trial, and judgment granted to defendants on their counterclaim to cancel and discharge the mortgage, on the ground that the Statute of Limitations bars its enforcement.

Plaintiff wife and defendant husband were married in 1911. In 1925 plaintiff...

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