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25 FIFTH AVE. MGMT. CO. v. IVOR B. CLARK, INC.

280 A.D. 205 (1952)

25 Fifth Ave. Management Co., Inc., Respondent, v. Ivor B. Clark, Inc., Appellant

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

May 6, 1952.

Attorney(s) appearing for the Case

Alexander Pfeiffer and Clarence S. Barasch of counsel (Pfeiffer & Crames, attorneys), for appellant.

A. L. Sainer of counsel (Harry B. Frank and Walter Janoff with him on the briefs; Benjamin Schaffer, attorney), for respondent.

DORE, J. P., COHN, VAN VOORHIS and SHIENTAG, JJ., concur.

CALLAHAN, J.

Plaintiff owned improved real estate in the City of New York. There was a certificated first mortgage on the property, upon which approximately $715,000 remained unpaid. The mortgage was held by a trustee for the certificate holders, who had been appointed by the Supreme Court of the State of New York. Plaintiff engaged defendant, a mortgage broker, to secure the acceptance of payment of the existing...

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