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HIMMELFARBE v. CATHEDRAL FUNERAL HOME, INC.

19 A.D.2d 711 (1963)

Leon Himmelfarbe, Respondent, v. Cathedral Funeral Home, Inc., et al., Defendants; B & F Home Improvement Corp., Appellant, and Harry Ostrov, Respondent

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

July 1, 1963

Order reversed, with $10 costs and disbursements; motion denied; and judgment of foreclosure and sale, entered September 24, 1962, vacated.

In our opinion, there are issues of fact as to whether a conspiracy existed; and, if it did, whether the plaintiff and the defendant Ostrov participated in such conspiracy. If the appellant can establish its contentions, plaintiff may be estopped from asserting that his mortgage is prior...

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