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HUGHLEY v. GILLESPIE

219 A.D.2d 584 (1995)

631 N.Y.S.2d 374

James Hughley, Respondent, v. Eugenie Gillespie et al., Appellants

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

September 11, 1995

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and, upon reargument, the plaintiff's motion is denied, the defendants' cross motion is granted, and the complaint is dismissed.

Pursuant to the specific terms of his purchase money mortgage, the plaintiff had no right to prepay the mortgage. Consequently, the defendants' request for interest calculated to the maturity date of the mortgage...

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