PADOVANO v. VIVIAN


217 A.D.2d 868 (1995)

629 N.Y.S.2d 844

Giacomino Padovano et al., Appellants-Respondents, v. Edeltraud Vivian et al., Respondents-Appellants, et al., Defendant

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

July 27, 1995


Casey, J.

Plaintiffs commenced this action to foreclose a mortgage they retained when they sold certain real property to defendants Edeltraud Vivian and Meir Fadida (hereinafter collectively referred to as defendants). The note and mortgage executed by defendants permitted them to offset against payments due to plaintiffs the cost of repairs to the septic system within one year. The contract for the sale of the property also provided that plaintiffs warrant...

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