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FAIRMONT FUNDING, LTD. v. STEFANSKY

301 A.D.2d 562 (2003)

754 N.Y.S.2d 54

FAIRMONT FUNDING, LTD., Appellant, v. MILLY STEFANSKY et al., Defendants, and BERNAT KESTENBAUM, Respondent.

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

Decided January 21, 2003.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment against the defendant Bernat Kestenbaum is granted.

In 1989 the defendant Milly Stefansky and nonparty Isaac Stefansky were the owners of two parcels of real property located at 1231 45th Street and 1783 45th Street, respectively, in Brooklyn. In May 1989 Milly executed a note for $250,000

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