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REALTY FUNDING v. GARDENS

91 Misc.2d 718 (1977)

Realty Improvement Funding Co., Plaintiff, v. Stillwell Gardens, Inc., et al., Defendants.

Supreme Court, Westchester County.

September 15, 1977

Attorney(s) appearing for the Case

Dreyer & Traub for plaintiff. Farley, Jutkowitz, LoCascio & Balint for defendant.

ANTHONY J. FERRARO, J.

Plaintiff makes this motion for summary judgment and to dismiss the counterclaim of defendant Louis Cohen.

The action seeks to foreclose a first mortgage in the amount of $350,000 upon premises at 140 Trenchard Street, Yonkers, New York. Pursuant to the terms of a building and loan agreement executed simultaneously with the mortgage, the plaintiff agreed to advance the aforesaid...

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