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MATTER OF SZKLANY

279 A.D. 615 (1951)

In the Matter of the Accounting of Lucy Szklany, as Executrix of Rose Derrico, Deceased, Appellant. Nicholas Derrico et al., Respondents

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

October 29, 1951.

While the declarations of decedent after the making of the mortgage are inadmissible for the purpose of defeating the claim of the mortgagee (Lent v. Shear, 160 N.Y. 462, and cases cited pp. 469-470), declarations by the mortgagee that the mortgage was without consideration were competent proof as admissions against interest (Baird v. Baird, 145 N.Y. 659, 666). The evidence of declarations by the mortgagee were sufficient to support the finding that the mortgage...

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