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MANDELINO v. FRIBOURG

29 A.D.2d 677 (1968)

James Mandelino, Appellant, v. Louis M. Fribourg et al., Respondents

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

January 22, 1968

Order reversed, with $10 costs and disbursements, and defendants' motion denied, without costs and with leave to defendants to answer the complaint within 10 days after service of a copy of the order hereon with notice of entry.

In our opinion the complaint states a valid cause of action, in that it sets forth that the note and the mortgage covering real property provide for interest at the rate of 7% per annum. While defendants...

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