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HAMILL v. HAMILL

196 A.D.2d 481 (1993)

600 N.Y.S.2d 765

Peter Hamill, Respondent, v. Denis Hamill et al., Defendants, and Joan Hamill, Appellant

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

August 2, 1993

Ordered that the order and judgment is affirmed, with costs.

The defendant-appellant Joan Hamill's main defense to the present action to foreclose a mortgage consists of a claim that the plaintiff mortgagee Peter Hamill conspired with his brother, her estranged husband, Denis Hamill, to defraud her. At a hearing before the Referee, the evidence established that Peter Hamill purchased the mortgage from the original mortgagee in August 1986, after Joan Hamill and her...

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