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BAECHER v. BAECHER

78 A.D.2d 894 (1980)

Elizabeth R. Baecher, Appellant, v. John J. Baecher et al., Respondents. (Action No. 1.) John Baecher, Respondent, v. John J. Baecher, Jr., Respondent, and Elizabeth R. Baecher, Appellant. (Action No. 2.)

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

November 24, 1980

Order affirmed, without costs or disbursements. No opinion. Judgment reversed, on the law, without costs or disbursements, and new trial granted.

The facts of this case do not support a finding that the appellant is equitably estopped from asserting the defense of the Statute of Limitations (cf. Scheuer v Scheuer, 308 N.Y. 447). Thus, the action to foreclose the second mortgage is barred...

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