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LAPIDUS v. KOLLEL AVREICHIM

114 Misc.2d 451 (1982)

Leon Lapidus et al., as Executors of Mary Lapidus, Deceased, Plaintiffs, v. Kollel Avreichim Torah Veyirah et al., Defendants.

Supreme Court, Special Term, Sullivan County.

May 27, 1982

Attorney(s) appearing for the Case

Tenzer, Greenblatt, Fallon & Kaplan for defendants. Jack I. Bergen for plaintiffs.

LAWRENCE E. KAHN, J.

In this mortgage foreclosure action, defendants seek dismissal of the complaint pursuant to CPLR 3211 (subd [a], pars 1, 5, 7). Plaintiffs cross-move for summary judgment upon their amended complaint.

The pertinent facts in this litigation are not in dispute. Leon Lapidus and Mary Lapidus jointly held mortgages on two parcels of property. The defendants in this action are the mortgagors. Mary Lapidus is deceased. On November...

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