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RASSNER v. R. H. PROPS., INC.

28 A.D.2d 829 (1967)

Julius L. Rassner et al., as Executors of Edward Finkenberg, Deceased, et al., Appellants, v. R. H. Properties, Inc., et al., Respondents, et al., Defendants R. H. Properties, Inc., Third-Party Plaintiff-Respondent, v. Metropolitan Title Guaranty Company, Third-Party Defendant-Respondent

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

July 6, 1967

MEMORANDUM:

Order entered January 24, 1967 affirmed, with $50 costs and disbursements to the respondents.

In this action to foreclose the second mortgage on real property, Special Term denied the plaintiffs' motion to dismiss the first and second affirmative defenses of respondent R. H. Properties, Inc., which defenses allege respectively, payment and estoppel. It also denied plaintiff's motion for summary judgment. We agree with Special Term's decision. The...

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