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CHICAGO TITLE INS. CO. v. HESKESTAD

86 A.D.2d 854 (1982)

Chicago Title Insurance Company, Respondent, v. Kenneth C. Heskestad, Appellant

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

February 16, 1982

Appeal from the order dismissed (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment reversed, on the law, order vacated, plaintiff's motion is denied, defendant's cross application for summary judgment is granted, and the complaint is dismissed. Defendant is awarded one bill of $50 costs and disbursements.

On March 11, 1977, defendant, as mortgagor, entered into a mortgage with the Nanuet National Bank. He and his wife were...

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