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7TH DAY ADVENTISTS v. 915 JAMES ST. ASSOC.

38 A.D.2d 235 (1972)

New York Conference Association of 7th Day Adventists of Syracuse, New York, Appellant, v. 915 James Street Associates, Ltd., et al., Respondents. (Three Actions.)

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

February 17, 1972.

Attorney(s) appearing for the Case

Byrne, Costello & O'Brien, P. C. (John J. Costello of counsel), for appellant.

Hancock, Estabrook, Ryan, Shove & Hust (Donald J. Kemple of counsel), for respondents.

DEL VECCHIO, J. P., WITMER, MOULE and CARDAMONE, JJ., concur.

MARSH, J.

This is an appeal from an order which denied plaintiff's motion for summary judgment in action No. 3 between the parties.

Plaintiff seeks to recover an indebtedness alleged to be due on an obligation secured by a purchase-money mortgage on certain property in Syracuse. For a complete affirmative defense defendants allege an oral agreement under which plaintiff temporarily retained possession...

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