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SABBATINI v. GALATI

43 A.D.3d 1136 (2007)

842 N.Y.S.2d 539

NICHOLAS SABBATINI, Appellant, v. ELIZABETH GALATI, as Executrix of BENITO GALATI, Deceased, et al., Defendants, and ELIZABETH GALATI, Respondent.

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

Decided September 25, 2007.

Ordered that the order is affirmed, with costs.

In January 1994, to secure payment of a debt, the defendants Benito Galati and Maria Galati executed a second mortgage in favor of the plaintiff on real property they owned in Long Island City. The plaintiff did not record the mortgage. Several months later, on July 11, 1994, the plaintiff obtained a confession of judgment from Benito Galati based on the same mortgage debt. The plaintiff filed the confession of judgment...

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