MYERS v. PAULUS


10 A.D.2d 762 (1960)

Althea Myers, Respondent, v. Hazel Paulus, Appellant

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

March 18, 1960


The action was brought pursuant to article 15 of the Real Property Law to cancel and discharge of record a mortgage held by defendant on premises in the name of the plaintiff and there was no dispute that the Statute of Limitations barred any claim under the mortgage. That part of the order which cancelled and discharged a mortgage upon the premises is not questioned on this appeal. In the action the defendant set forth three counterclaims which sought to establish the defendant...

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