LEBEN v. NASSAU SAV. & LOAN ASS'N


40 A.D.2d 830 (1972)

Sidney Leben et al., Appellants, v. Nassau Savings and Loan Association, Respondent

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

November 6, 1972


Judgment reversed, on the law and the facts, with costs, and it is adjudged that (1) the mortgage agreement dated December 6, 1967 is a legal, binding mortgage commitment obligating defendant to lend plaintiffs $22,400 at 6% interest per year for a period of 30 years and (2) the above-described assumption, release and modification agreement is reformed to provide that interest is payable at the rate of 6% per annum, rather than 7¼% per annum. On November 22, 1967 plaintiffs...

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