BERK v. VALLEY PREMIUM PLAN, INC.


31 A.D.2d 643 (1968)

Rose Berk, Appellant, v. Valley Premium Plan, Inc., et al., Respondents

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

December 16, 1968


Judgment and order reversed, on the law, with $10 costs and disbursements, and motion denied.

Plaintiff sought a judgment declaring a certain agreement and mortgage void and canceling the mortgage of record on the ground that the instruments were given in connection with the compounding of a felony. Defendants moved to dismiss the amended complaint, inter alia, for failure to state a cause of action. They claimed that plaintiff, herself being a party to an...

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