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GOLDSTEIN v. GOLD

106 A.D.2d 100 (1984)

David Goldstein, Respondent, v. Frances Gold et al., Defendants, and Paul Adler, Appellant

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

December 31, 1984

Attorney(s) appearing for the Case

Dollinger, Gonski & Grossman (Dennis Gonski of counsel), for appellant.

Wilbur G. Silverman for respondent.

MANGANO and EIBER, JJ., concur with TITONE, J. P.; RUBIN, J., dissents and votes to reverse the judgment insofar as appealed from, with an opinion, in which BOYERS, J., concurs.

TITONE, J. P.

In this action brought to set aside a fraudulently obtained satisfaction of mortgage, Paul Adler, the intervening defendant who purchased the property encumbered by the mortgage, appeals from stated portions of a judgment of the Supreme Court, Queens County, which, among other things, canceled the satisfaction and declared the mortgage to be a valid lien. Analysis of the priorities mandated by the recording acts persuades a majority of this...

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