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MATTER OF MENZEL

171 Misc.2d 604 (1997)

655 N.Y.S.2d 305

In the Matter of Ronald S. Lebovici, Petitioner, as Guardian for Gertrude Menzel, and Alleged Incapacitated Person.

Supreme Court, Queens County.

February 7, 1997

Attorney(s) appearing for the Case

Ronald S. LeBovici, Kew Gardens, for Gertrude Menzel. Salamon, Gruber, Newman, Blaymore & Rothschild, P. C., Roslyn Heights (Valerie M. Rothschild of counsel), for Delta Funding Corporation and another.

EDWIN KASSOFF, J.

This is a proceeding by petitioner to vacate and discharge a mortgage on real property made by Gertrude Menzel on the grounds that Ms. Menzel was incapacitated at the time of the mortgage transaction.

Gertrude Menzel allegedly executed an $81,000 mortgage to Delta Funding Corporation (Delta) on May 23, 1994 for premises located at 1717 George Street, Ridgewood, New York. The mortgage...

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