CALACE v. VAN SISE


24 A.D.2d 896 (1965)

Arthur J. Calace, Jr., Appellant, v. Gladys E. Van Sise, as Executrix of Harold S. Van Sise, Deceased, Respondent

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

November 29, 1965


Order affirmed, without costs.

In our opinion, the record discloses at least two questions of fact which require development at a trial. First, defendant's answers contains an assertion that plaintiff was a participant in the compromise transaction which resulted in a satisfaction of the mortgage. An exhibit annexed to plaintiff's moving affidavit contains an assertion that plaintiff was a member of the syndicate which purchased the property. Plaintiff denied these...

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