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ROTH v. MICHELSON

55 N.Y.2d 278 (1982)

Herbert Roth, Individually and as Executor of Ruth Roth, Deceased, Respondent, v. Herbert J. Michelson et al., Defendants, and Lillian Michelson et al., Appellants.

Court of Appeals of the State of New York.

Decided March 23, 1982.

Attorney(s) appearing for the Case

Lillian R. Michelson and others, appellants pro se.

Stanley S. Getzoff and Joseph Winston for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur.

FUCHSBERG, J.

The ultimate issue on this appeal, raising questions touching on sections 17-101, 17-105 and 17-107 of the General Obligations Law, is whether purchasers of an interest in realty, having acquired it for value and with knowledge that the second mortgage indebtedness it secured was in default, but without actual notice that the original owner had made a payment on account of the defaulted indebtedness...

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