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KURLANDER v. WILLIE

45 A.D.3d 1006 (2007)

845 N.Y.S.2d 180

STEVEN H. KURLANDER et al., Respondents, v. DEVON WILLIE, Appellant. JAMES CARNELL, JR. et al., Respondents.

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

Decided November 8, 2007.

Carpinello, J.

Plaintiffs commenced the instant mortgage foreclosure action in May 2001 and personally served the summons and complaint on defendant at his residence. In July 2001, defendant went to the office of plaintiffs' attorney and paid the unpaid principal balance on the loan. He obtained a receipt marked "paid in full." Notwithstanding, it is alleged that defendant was orally informed at this time that the payment...

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