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MORIELLO v. MATRIX PROD. & REALTY, LTD.

53 A.D.2d 931 (1976)

Anthony J. Moriello et al., Respondents, v. Matrix Production & Realty, Ltd., et al., Appellants

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

July 1, 1976

Plaintiffs have been granted summary judgment and defendants' affirmative defenses and counterclaims stricken in this action to foreclose a purchase money mortgage covering approximately 200 acres of unimproved property in Ulster County. On this appeal defendants contend that issues of fact exist as to whether they were prevented and excused from performance by the prior breach of plaintiffs and as to the interpretation of the mortgage...

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