MATTER OF JOSHUA ASSOCS.


104 A.D.2d 334 (1984)

In the Matter of Joshua Associates, Appellant; Fannie Klein, Respondent

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

August 23, 1984


Petitioner's assignor purchased the property in question by contract from respondent's husband in 1980. Respondent had acquired the mortgage on this property by unrecorded assignment six years earlier, at a time when the balance due was $35,318.88. Petitioner's assignor was unable to obtain title without suing the seller for specific performance. A judgment directing conveyance of title was affirmed unanimously by this court, without opinion (Edelstein v Klein, 86...

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