CONNELLY & BLITZER REALTY, INC. v. ELWYN


111 A.D.2d 555 (1985)

Connelly & Blitzer Realty, Inc., et al., Appellants, v. Allen D. Elwyn et al., Respondents, et al., Defendants

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

May 23, 1985


Casey, J.

This declaratory judgment action arises out of a dispute as to the original amount of the principal secured by a bond and mortgage executed by defendants Gerard and Ilene Connelly, as purchasers of the real property to be encumbered by the mortgage in favor of defendants Allen and Kathleen Elwyn, the sellers of the real property. Plaintiffs are subsequent purchasers who have taken the property subject to the mortgage and have assumed the obligation...

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