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MAZZEO v. GELB

1 A.D.2d 916 (1956)

Anthony Mazzeo et al., Appellants, v. Sidney Gelb, Respondent

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

March 21, 1956

This action, which is maintained to cancel and discharge a mortgage on the ground it was based on a usurious consideration, was dismissed when it was reached for trial before the Official Referee in July, 1953, as the result of a tender made by the defendant at the opening of the trial. Judgment was entered in favor of the defendant on this decision September 22, 1953. No appeal was taken by plaintiffs from the judgment. On January...

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