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MANDELL v. GROSFELD

54 A.D.2d 663 (1976)

Joseph Mandell, as Executor of Harry Mandell, Deceased, Appellant, v. Samuel Grosfeld et al., Respondents, et al., Defendants

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

October 28, 1976

Unanimously affirmed. Respondents shall recover of appellant $60 costs and disbursements of this appeal.

Plaintiff failed to establish fraud in the sale by him of a purchase money second mortgage to defendant, Grosfeld's nominee for approximately two thirds of the face value thereof. The portion of the proceeds received from the city which was allocated to satisfy the subject mortgage was nothing more than a rehabilitation loan from the city, which was to be repaid...

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