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GILDSTON v. TERILLI

149 A.D.2d 457 (1989)

Harold Gildston, Respondent, v. Robert M. Terilli et al., Appellants, et al., Defendants

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

April 10, 1989

Ordered that the order is affirmed, with costs.

Pursuant to a stipulation of settlement entered into on June 11, 1987, in the event the appellants failed to obtain funds or a mortgage commitment to satisfy the amount of the settlement by a specified date, their answer was to be deemed withdrawn and the plaintiff was to be permitted to proceed with the foreclosure action as against them. Since the appellants were unable to...

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