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GUTBRODT v. GUTBRODT

64 A.D.2d 991 (1978)

William F. Gutbrodt et al., Respondents, v. William E. Gutbrodt, Appellant, et al., Defendants, and Douglas R. Dyer et al., Intervenor-Respondents

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

September 14, 1978

On June 14, 1972, appellant executed a bond and mortgage to plaintiffs pursuant to which he was to make quarterly interest payments and pay the $20,000 principal amount within a five-year period. None of these payments was ever made, and on December 10, 1977 a mortgage foreclosure action was commenced by service of a summons and complaint upon appellant. That same day appellant telephoned plaintiff's counsel and was advised by him...

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