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FELIN ASSOC. v. ROGERS

38 A.D.2d 6 (1971)

Felin Associates, Inc., Plaintiff, v. Leonard Rogers, Defendant

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

November 30, 1971.

Attorney(s) appearing for the Case

Harry Krauss of counsel (Edward E. Breger, attorney), for plaintiff.

Eugene J. Morris of counsel (Demov, Morris, Levin & Shein, attorneys), for defendant.

STEVENS, P. J., CAPOZZOLI, McGIVERN and STEUER, JJ., concur.

TILZER, J.

This is a submission of controversy pursuant to CPLR 3222. The relevant stipulated facts are as follows:

In 1969, plaintiff purchased from the defendant, premises 142-148 East 22nd Street in the Borough of Manhattan. The defendant held a purchase-money first mortgage on said property with an unpaid balance of $306,865.50. Thereafter, the plaintiff obtained a mortgage commitment from the American...

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