QUEENS AVON CO. v. GERSTENHABER


111 A.D.2d 94 (1985)

Queens Avon Co., Respondent, v. Morris B. Gerstenhaber, Appellant

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

May 21, 1985


Plaintiff is a limited partnership. It held a mortgage issued by Growth Realty Associates, the balance of which exceeded $415,000. On January 4, 1983, the mortgage was satisfied by payment of $68,919.16 to defendant, a check in the sum of $326,509.90 made out to defendant and one Leon Madonick as escrow agents, and a note for $20,000 payable at the expiration of 45 days which was also delivered to the escrow agents. The general partners of plaintiff are Mehlman and Wolitzer...

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