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DORSEY v. ABERNATHY

30 Misc.2d 707 (1961)

Peter R. Dorsey, as Executor of Alphonse G. Lieber, Deceased, Plaintiff, v. Joseph T. Abernathy et al., Defendants.

Supreme Court, Special Term, Nassau County.

June 27, 1961

Attorney(s) appearing for the Case

Grossman, Leipziger & Kalt (Edward L. Leipziger of counsel), for Sidney Grossman and another, defendants. Brenner & Geiler for plaintiff.

WILLIAM R. BRENNAN, JR., J.

The defendants move for judgment on the pleadings (complaint, answer and bill of particulars). The complaint alleges that plaintiff's testator in 1954 received a mortgage from the Abernathy defendants, owners of real property in Suffolk County which was the subject of Torrens registration (Real Property Law, art. 12). The mortgage was recorded in the County Clerk's office, but was...

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