Judgment reversed, on the law and the facts, with costs, and complaint dismissed; the second mortgage is declared to be null and void; appellants are awarded judgment on their counterclaim to the extent that they are entitled to recover compensatory damages; and action remitted to Special Term for a hearing to determine the amount of said damages in accordance herewith.
In 1967 the Dassels, owners of premises known as 79 Emily Avenue, Elmont, were three months in...
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