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BERGENFELD v. MIDAS COLLECTIONS, INC.

38 A.D.2d 939 (1972)

Albert Bergenfeld, Appellant, v. Midas Collections, Inc., Respondent, et al., Defendants

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

March 6, 1972

Shapiro, J.

Defendant Midas purchased the interest of defendant Nat Levine in the subject premises at a Sheriff's sale in 1969. Midas was, in our opinion, a purchaser for value (cf. CPLR 5203, subd. [a], par. 3). Plaintiff seeks to foreclose a mortgage which secured an indebtedness that was due and payable to him in 1962. Although the mortgage was recorded, it appeared, as of record at the time of the Sheriff's sale, to have been past due for more than...

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