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LaGRECO v. PAFUNDI

181 A.D.2d 660 (1992)

John D. Lagreco, Respondent, v. Victor Pafundi, Appellant, et al., Defendants

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

March 2, 1992

Ordered that the order is affirmed, with costs.

The plaintiff presented unrebutted proof that the appellant defaulted in making payment as required by the mortgage and note dated July 1, 1987, as amended by the parties' stipulation dated January 12, 1989. Although the mortgage and stipulation require payment of interest at an annual rate below the legal maximum, the appellant contends that a portion of the principal indebtedness...

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