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MIDOLLO v. DiDONATO

29 A.D.3d 749 (2006)

815 N.Y.S.2d 230

ROBIN MIDOLLO, Appellant, v. ROBERT DiDONATO, Respondent.

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

May 16, 2006.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the motion and substituting therefor a provision denying that motion; as so modified, the order is affirmed, without costs or disbursements.

The agreement in question provided, inter alia, that the plaintiff would allow a $275,000 unrecorded mortgage on the defendant's property to be converted into a recorded mortgage on his own property...

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