NICHOLSON v. NICHOLSON


288 A.D.2d 743 (2001)

732 N.Y.S.2d 749

GEORGE NICHOLSON, Respondent, v. CHRISTOPHER NICHOLSON, Appellant.

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

Decided November 21, 2001.


Mercure, J. P.

The parties are brothers. In 1987, they acquired property in the Town of Saugerties, Ulster County, as tenants in common and executed a purchase money mortgage securing their note for $200,000. The complaint alleges, and defendant admits, that the note and mortgage constituted a contract between the parties and their agreement to pay all obligations thereunder in equal shares. Plaintiff further alleges that since the time of execution of the note and...

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