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WEISBERG v. DEMEO

254 A.D.2d 351 (1998)

678 N.Y.S.2d 661

Norman Weisberg et al., Respondents, v. Rina P. Demeo et al., Appellants, et al., Defendants

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

October 13, 1998

Ordered that the judgment is affirmed, with costs.

The defendant Rina P. DeMeo failed to overcome the presumption that she was competent on the date she entered into a mortgage agreement with the plaintiffs (see, Feiden v Feiden, 151 A.D.2d 889). Therefore, the mortgage is not voidable (see, Ortelere v Teachers' Retirement Bd., 25 N.Y.2d 196). In any event, assuming...

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