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MAMUNES v. SZCZEPANSKI

70 A.D.2d 684 (1979)

Peter Mamunes, Respondent, v. Reginald Szczepanski et al., Appellants, and Theodore J. Mamunes et al., Respondents

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

May 10, 1979

Defendants gave a second mortgage on property they owned to Theodore J. Mamunes, William R. Sterns and Newark Construction, Inc. (additional defendants) who were to build a house thereon for defendants. This mortgage was assigned to the plaintiff. Plaintiff seeks to foreclose on the mortgage in this action. In the counterclaim, the defendants allege an agreement between the additional defendants and defendants to prohibit assignment of the mortgage which agreement was either...

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