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FIRST. NAT. CITY TRUST CO. v. CASERTA

29 Misc.2d 166 (1961)

First National City Trust Company, as Executor of Henry T. Washington, Deceased, Plaintiff, v. Ralph Caserta et al., Defendants.

Supreme Court, Special Term, Suffolk County.

February 27, 1961

Attorney(s) appearing for the Case

Vincent A. Bochicchio for Ralph Caserta, defendant. Cullen & Dykman for plaintiff.

THOMAS P. FARLEY, J.

Defendant moves for summary judgment and for judgment on the pleadings in this action to foreclose a mortgage on real property. Defendant has pleaded the six-year Statute of Limitations (Civ. Prac. Act, § 47-a) as a defense and interposed a counterclaim for cancellation of the mortgage pursuant to article 15 of the Real Property Law.

There are no material issues of fact and...

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