MAHER v. ALMA REALTY CO., INC.


70 A.D.2d 931 (1979)

Robert C. Maher et al., Appellants, v. Alma Realty Co., Inc., et al., Respondents

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

June 18, 1979


Order reversed, without costs or disbursements, and motion to vacate granted.

Special Term denied plaintiffs' motion to open their default on the ground that their action, to declare a certain writing executed by them and placed in escrow to be delivered on their default in the payment of their obligations under mortgages encumbering the real property which is the subject of the writing was a mortgage, was without merit. We cannot say on this record that the action...

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