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EIGHT TOBEY RD. CORP. v. MARKESTEYN

198 A.D.2d 865 (1993)

604 N.Y.S.2d 434

Eight Tobey Road Corporation, Appellant, v. Baastian Markesteyn et al., Respondents, et al., Defendant. (Appeal No. 1.)

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

November 19, 1993

Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court properly concluded that, upon payment by defendant Baastian Markesteyn (Markesteyn) pursuant to RPAPL 1341 (1), the complaint in this mortgage foreclosure action must be dismissed. Supreme Court, however, should not have permitted Markesteyn's attorney to calculate the amount due...

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