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TORTORELLO v. ROSENTHAL

45 A.D.2d 1050 (1974)

Dorothy Tortorello, Appellant, v. Philip Rosenthal, Respondent

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

July 29, 1974

Judgment reversed, on the law and the facts, with costs; plaintiff is declared to be the owner of the subject premises and the deed in question is declared to be a second mortgage on the premises.

The complaint alleged a cause of action in fraud and one under section 320 of the Real Property Law. After a hearing, the Special Term concluded that neither cause of action was proved by plaintiff. It thereupon dismissed the complaint...

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