FINNEGAN v. BROWN


43 A.D.2d 812 (1973)

James Finnegan et al., Appellants, v. Gordon M. Brown, Respondent

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

December 13, 1973


Order unanimously reversed, with costs and motion denied.

Memorandum:

Special Term dismissed appellants' complaint and vacated a lis pendens upon their property at 165 Columbus Avenue in Buffalo despite appellants' argument that the deed they gave to respondent, the attorney who prepared the agreement of sale, was only to serve as security for a loan to appellants to avoid foreclosure upon their home. This was error. The record reveals that the equity...

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