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MENDLER v. MENDLER

245 A.D.2d 199 (1997)

666 N.Y.S.2d 601

Henry Mendler, Respondent-Appellant, v. Judith M. Mendler, Appellant-Respondent

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

December 23, 1997

While the parties' separation agreement was silent as to whether petitioner could prepay the mortgage, the mortgage agreement contained a clause permitting prepayment, thus rebutting the presumption that prepayment was not permitted (see, Matter of Arthur v Burkich, 131 A.D.2d 105, 106). Furthermore, reading the separation agreement and the mortgage together as parts of a single transaction, we find that the parties intended...

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