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FOURTH FED. SAV. & LOAN ASS'N OF NEW YORK v. GARBER

172 A.D.2d 399 (1991)

Fourth Federal Savings & Loan Association of New York, Appellant, v. Sophia Garber, Defendant, and Magna Stable Co., Respondent

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

April 25, 1991

Underlying this mortgage foreclosure action is the viability of an agreement by Magna Stable and its president, Vincent Vinci, to assume the pre-existing mortgage in the first place. That issue is the subject of a separate action for specific performance, brought by Vinci and Magna Stable's successor in interest, which is now pending in Supreme Court, New York County. Short of consolidation, resolution of one of these cases will aid the resolution of the other. The purpose...

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