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BOKAL REALTY CORP. v. SATURN 1850 ESTATES, INC.

44 A.D.2d 519 (1974)

Bokal Realty Corp., Respondent, v. Saturn 1850 Estates, Inc., et al., Respondents; Louis Lazarus, as Executor of Max S. Melamed, Deceased, et al., Appellants

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

March 12, 1974

Defendants-appellants shall recover of plaintiff-respondent $60 costs and disbursements of this appeal.

The complaint to foreclose the second mortgage fails to state a cause of action against these defendants. The first mortgage was held by Max and Ella Melamed, jointly. Louis Lazarus, upon the death of Max, became the executor of his estate. The estate has been closed and Ella Melamed is the sole holder of the first mortgage, and only she excuted the extension agreement...

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