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RUSIN v. GRASSO

40 A.D.3d 284 (2007)

836 N.Y.S.2d 563

CAROLYN RUSIN, Appellant, v. NATALE J. GRASSO, Respondent, and APRIL GRASSO et al., Respondents.

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

Decided May 8, 2007.

It appears that the subject mortgage was given to petitioner by respondent Natale J. Grasso in June 1990 and assigned by him to his corespondents in September 1998, and that petitioner gave respondent a loan in November 1998 on which she recovered a judgment in August 2004. In the latter matter, petitioner sought to offset her recovery against the amount due under the mortgage, but the court declined to do so, stating that there...

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