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SCHWONKE v. BANISTER

83 A.D.2d 752 (1981)

Arthur B. Schwonke et al., Respondents, v. Olive K. Banister, Appellant

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

July 9, 1981

Judgment and orders unanimously affirmed, with costs.

Memorandum:

Defendant, Olive K. Banister, by deed from Evelyn E. Boynton dated May 14, 1974 assumed and agreed to pay the mortgage and mortgage debt which plaintiffs seek to foreclose because of default in the payment of real property taxes. She claims that plaintiffs orally agreed to permit her to withhold payment of the taxes in consideration of the execution...

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