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KLINE v. PANE

1 N.Y.2d 15 (1956)

Edward T. Kline et al., Respondents, v. Salvatore A. Pane, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 15, 1956.

Attorney(s) appearing for the Case

R. Waldron Herzberg and R. Monell Herzberg for appellant.

Michael Le Sawyer for respondents.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL and VAN VOORHIS, JJ., concur; DYE, J., taking no part.

BURKE, J.

Plaintiffs instituted this action to foreclose two mortgages covering the same premises. The first mortgage, dated May 25, 1951, in the amount of $1,618, was given to plaintiffs by Salvatore A. Pane and Louise L. Pane, his wife. The second mortgage, dated December 27, 1952, in the sum of $750 was given plaintiffs by Salvatore A. Pane. At the time the first mortgage was executed, Salvatore A. Pane and...

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