MINTZ v. KUPFERSTEIN


14 Misc.2d 1034 (1958)

Louis Mintz, Plaintiff, v. Alex Kupferstein et al., as Executors and Trustees of Theodore Kupferstein, Deceased, et al., Defendants.

Supreme Court, Trial Term, Nassau County.

July 3, 1958.


Attorney(s) appearing for the Case

Dreyer & Traub (Samuel Kirschenbaum of counsel), for plaintiff.

Bernhardt M. Meisels for Alex Kupferstein and others, as executors and trustees, and another, defendants.

Berman & Tomaselli (Charles Sutton of counsel), for LeRoy Simon and another, defendants.


MARCUS G. CHRIST, J.

This is an action to foreclose a second mortgage on real property. The contesting defendants are the third and fourth mortgagees. They contend that the plaintiff is one of the owners of the fee title and that his purpose in purchasing the first and second mortgages was to cause a default and by foreclosure to freeze out the third and fourth mortgagees. It is urged that the plaintiff may...

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