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NEW YORK GUARDIAN MORTGAGEE CORP. v. WILLIAMS

230 A.D.2d 663 (1996)

646 N.Y.S.2d 335

New York Guardian Mortgagee Corp., Respondent, v. Myrtis Williams, Appellant, et al., Defendants

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

August 22, 1996

The record in this mortgage foreclosure action reflects that in or about October, 1987, defendant Myrtis Williams forwarded to plaintiff an insurance company check in the amount of $8,900 drawn to her and the bank's order jointly, representing insurance proceeds, with a request to "close the mortgage," i.e., apply the sum to the outstanding mortgage balance, and return to her any sums remaining. At the time, less than $8,900 was...

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