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MATTER OF CITY OF NEW YORK

49 A.D.2d 723 (1975)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property for a Project Known as the Amended South Bronx Neighborhood Development Plan in The Borough of the Bronx. Sidney K. Margolis et al., Appellants. Senior Lienors, Respondents

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

September 25, 1975

We find the cross application of Helen Margolis, as second mortgagee, which seeks (1) to contest the allocation by the city to the damage parcel; (2) to have the first mortgage declared usurious or, in the absence thereof, if found to be valid, reformed so as to reflect its lower true value, with a recalculation of interest charges thereon; and (3) to have cancelled all penalty charges for defaults in payment, to be without merit...

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