NOTARNICOLA v. LAFAYETTE FARMS, INC.


288 A.D.2d 198 (2001)

733 N.Y.S.2d 91

ALBERT NOTARNICOLA et al., Appellants, v. LAFAYETTE FARMS, INC., et al., Defendants, and JOSEPH TURTURRO et al., Respondents.

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

Decided November 5, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of an appropriate judgment discharging and cancelling the subject mortgage.

On March 25, 1977, the plaintiffs entered into a mortgage agreement with the defendant Joseph Turturro (hereinafter Turturro), to secure a loan to the plaintiffs of $55,000. The mortgage provided for monthly...

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