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2301 JEROME AVE. v. DI PAOLO

190 Misc.2d 383 (2002)

737 N.Y.S.2d 816

2301 JEROME AVENUE REALTY CORP., Plaintiff, v. SALVATORE DI PAOLO et al., Defendants.

Supreme Court, Westchester County.

January 7, 2002.

Attorney(s) appearing for the Case

Martin S. Fishman, Suffern, for Salvatore Di Paolo, defendant.

Del Bello Donnellan Weingarten Tartaglia Wise & Wiederkehr, L. L. P., White Plains (Andrew J. Balint of counsel), for plaintiff.

OPINION OF THE COURT

JOAN B. LEFKOWITZ, J.

The defendant mortgagor, Salvatore Di Paolo, moves for an order directing the plaintiff mortgagee (2301) to assign the mortgage to a third-party lender. The plaintiff cross-moves for attorney's fees pursuant to a stipulation of the parties made September 30, 1999, which stipulation attempted to resolve the mortgage foreclosure proceeding.

Since an action to foreclose...

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