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GOLDSTEIN v. SOLEDAD PLACE

157 Misc.2d 801 (1993)

599 N.Y.S.2d 213

Philip Goldstein, Plaintiff, v. Soledad Place Corp. et al., Defendants.

Supreme Court, New York County.

February 19, 1993

Attorney(s) appearing for the Case

Maizes & Maizes, New York City (Howard Maizes of counsel), for Bernie's Gold Square, Inc., defendant and third-party plaintiff. Silveri & Santos, New York City (George P. Santos of counsel), for plaintiff.

STANLEY L. SKLAR, J.

The issue presented in this mortgage foreclosure action is whether the defendant and third-party plaintiff, Bernie's Gold Square, Inc. (Gold Square), is entitled to an order directing the mortgagee, plaintiff Philip Goldstein (Goldstein), to assign the mortgage and deliver the note to Gold Square upon payment of all sums due under the mortgage as calculated by a Referee to be appointed...

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