LaBARBERA v. MARINO


192 A.D.2d 697 (1993)

597 N.Y.S.2d 137

Salvatore A. LaBarbera et al., Respondents, v. Joseph Marino, Appellant

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

April 26, 1993


Ordered that the judgment is affirmed, with costs.

In June 1987 the plaintiffs sold a parcel of real property to the defendant, taking back a purchase money mortgage as part of the purchase price. After making payments on the mortgage for 19 months, the defendant defaulted. Accordingly, in March 1990 the plaintiffs commenced this foreclosure action. The defendant interposed affirmative defenses and counterclaims, alleging essentially that he was fraudulently induced...

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