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BONO v. CUCINELLA

298 A.D.2d 483 (2002)

748 N.Y.S.2d 610

SALVATORE BONO et al., Appellants, v. BENEDETTO CUCINELLA et al., Respondents.

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

Decided October 21, 2002.

Ordered that the judgment is affirmed, with costs.

Salvatore Bono and Linda Bono, administrators of the Estate of Antonio Bono (hereinafter the Estate) commenced this action to recover amounts due under a mortgage. The defendants asserted the affirmative defense of waiver, arguing that the Estate had orally agreed to take back the property in satisfaction of the mortgage debt. At trial, the defendants established that the Estate had made admissions indicating that...

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