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TAMILY v. GEN. CONTRACTING CORP.

234 A.D.2d 774 (1996)

651 N.Y.S.2d 221

Henry J. Tamily, Appellant, v. General Contracting Corporation et al., Defendants, and RSJ Construction Corporation, Respondent

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

December 12, 1996

Peters, J.

The procedural and factual history of this case are more fully set forth in our prior decision in Tamily v General Contr. Corp. (210 A.D.2d 564). At issue in Tamily was the validity of certain mortgages, only one of which is pertinent herein. That mortgage was initially executed in favor of Sydell Zippern, who in turn assigned it to plaintiff (hereinafter the Zippern mortgage). In an earlier...

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