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ROLS CO v. PANVASPAN REALTIES

157 Misc.2d 449 (1993)

597 N.Y.S.2d 266

Rols Capital Co., Plaintiff, v. Panvaspan Realties, Inc., et al., Defendants.

Supreme Court, Kings County.

March 9, 1993

Attorney(s) appearing for the Case

Jordan B. DeFlora, Pearl River, for plaintiff. Max M. Katz, P. C., New York City, for Panvaspan Realties, Inc., defendant. Maria Vasilopoulos, pro se, and Emma V. Verdieck, Astoria, for Maria Vasilopoulos, defendant.

HERBERT KRAMER, J.

Plaintiff moves for an order granting summary judgment pursuant to CPLR 3212 in a mortgage foreclosure action and for the appointment of a Referee, claiming that Business Corporation Law § 909 estops defendant from raising the affirmative defense of lack of authority, by its one-year time limit.

On June 29, 1989, Vasilios Vasilopoulos, husband of defendant Maria Vasilopoulos, obtained a mortgage from plaintiff

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