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ZURLIN v. HOTEL LEVITT, INC.

5 A.D.2d 945 (1958)

Paul Zurlin, Respondent, v. Hotel Levitt, Inc., Appellant, et al., Defendants

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

March 27, 1958

The bond and mortgage were executed and delivered by appellant on July 11, 1949. An extension agreement executed by its secretary-treasurer, dated January 17, 1951, recited a balance due of $22,500 and recited that "there are no defenses or offsets to the aforesaid mortgage or to the bond which it secures". Payment of interest thereafter to January 15, 1956 is not denied, nor is the default alleged in the complaint. It is without...

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