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RIVER BANK AM. v. STABILE

216 A.D.2d 104 (1995)

628 N.Y.S.2d 102

River Bank America, Appellant, v. Arthur Stabile, Jr., et al., Respondents, et al., Defendants

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

June 15, 1995

Inasmuch as an action to foreclose a mortgage is an equitable proceeding (Jamaica Sav. Bank v M. S. Investing Co., 274 N.Y. 215, 219; Blomgren v Tinton 763 Corp., 18 A.D.2d 979, 980), we agree with the IAS Court that under the circumstances herein the plaintiff mortgagee may be compelled to issue an assignment of the mortgage upon full payment of the mortgage indebtedness pursuant...

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