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SMITH v. PAGANO

154 A.D.2d 586 (1989)

Jimmie Smith, Also Known as Jimmy Smith, Appellant, v. John Pagano, Respondent

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

October 23, 1989

Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is modified, on the law and as a matter of discretion, (1) by adding thereto a provision declaring that the subject mortgage is valid, and (2) by deleting the provision thereof which awarded the defendant the principal sum of $30,000 for unjust enrichment and substituting therefor a provision awarding the defendant the principal sum of...

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