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KRUSKAL v. MOSS

No. 18116.

960 P.2d 350 (1998)

125 N.M. 262

1998-NMCA-073

Martin David KRUSKAL, and Rancho Del Villacito Condominiums, Inc., a New Mexico Corporation, Plaintiffs-Appellants, v. Richard J. MOSS, Defendant, Third-Party Plaintiff-Appellee, v. Kerry KRUSKAL, Third-Party Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied May 20, 1998.

Attorney(s) appearing for the Case

Richard De Stefano, Richard De Stefano Professional Corp., Taos, for appellants and third-party appellant.

John F. McCarthy, Jr., John T.L. Grubesic, White, Koch, Kelly & McCarthy, P.A., Santa Fe, for appellee.

OPINION

DONNELLY, Judge.

{1} Plaintiff Martin Kruskal (Martin) and his son, Third-Party Defendant Kerry Kruskal (Kerry), appeal from a judgment determining that their claims against Defendant Richard Moss (Moss) in a foreclosure action were "exactly equal" to Moss' counterclaims and cross-claims for setoff. Appellants contend that a number of the trial court's findings were not based on substantial evidence or were erroneous as a matter...

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