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GMS CAPITAL CORP. v. SIEGMUND SPIEGEL/BALDUR PETER

251 A.D.2d 542 (1998)

674 N.Y.S.2d 733

GMS Capital Corporation et al., Respondents, v. Siegmund Spiegel/Baldur Peter, P. C., et al., Appellants, et al., Defendant

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

June 22, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

Marilyn Ethel Sheer was the owner of certain real property located in Roslyn, New York. In November 1989, Sheer entered into a Mortgage Agreement (hereinafter the Mortgage) with Home Savings of America, F. A. (hereinafter Home Savings) which provides, in part, the following:

"SECTION C. RIGHTS, AGREEMENTS AND OBLIGATIONS OF BORROWER. Borrower...

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