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PAGANO v. SMITH

201 A.D.2d 632 (1994)

608 N.Y.S.2d 268

John Pagano, Respondent, v. Jimmy Smith, Appellant

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

February 22, 1994

Ordered that the order is affirmed, with costs.

In 1977, the plaintiff John Pagano loaned the defendant Jimmy Smith $30,000 and received a mortgage as security for the loan. In a declaratory judgment action commenced in 1979, Smith sought cancellation of the mortgage and Pagano counter-claimed to recover the debt. While that action was pending, Pagano commenced the instant action in 1986 to foreclose on the mortgage. The...

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