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CAMPBELL v. SMITH

297 A.D.2d 502 (2002)

747 N.Y.S.2d 18

DEVON S. CAMPBELL, as Administrator C.T.A. of the Estate of SYBERT CAMPBELL, Deceased, Respondent, v. MINTA SMITH, Individually and as Administrator of the Estate of HUGH SMITH, Deceased, et al., Appellants.

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

Decided September 12, 2002.

Plaintiff Devon Campbell, the administrator of Sybert Campbell's estate, brought this action to foreclose on a $110,000 wraparound mortgage executed by Minta and Hugh Smith to Sybert Campbell for the purchase of a residential building at 756 South Oak Drive, Bronx, New York. In July 1996, plaintiff filed a notice of pendency against the property, and commenced a foreclosure action against Minta Smith, alleging that she owed $101,640.57 plus interest since September 13, 1990...

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