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JEMZURA v. JEMZURA

36 N.Y.2d 496 (1975)

Raymond Jemzura, Appellant, v. George Jemzura et al., Defendants, and Katherine Griffin, Respondent.

Court of Appeals of the State of New York.

Decided May 5, 1975.

Attorney(s) appearing for the Case

Kehoe, Murnane & Garramone for appellant.

Joe Schapiro and Bruce B. Roswig for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

Plaintiff Raymond Jemzura instituted this action to foreclose a mortgage in the face amount of $10,000 on a hundred-acre farm in Madison County. The mortgage was executed on August 17, 1954 by John Jemzura in favor of defendant George Jemzura, who assigned it on June 17, 1964 to plaintiff. On May 1, 1963, $500 was paid by John Jemzura on account of the mortgage indebtedness. Later that month, John died...

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