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FABTASTIC ABODE, LLC v. ARCELLA

2015-09595. Index No. 500166/12.

153 A.D.3d 668 (2017)

60 N.Y.S.3d 318

2017 NY Slip Op 06159

FABTASTIC ABODE, LLC, Respondent, v. CONSTANTINE ARCELLA, as Executor of JOHN F. ARCELLA, Deceased, Appellant.

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

Decided August 16, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

On November 14, 1985, John F. Arcella, the defendant's decedent (hereinafter the decedent), conveyed the subject real property to the plaintiff's predecessor-in-interest. The purchase was financed by a purchase-money mortgage and note executed by the plaintiff's predecessor-in-interest, which required the payment of installments through November 14, 2005. In 1989, the plaintiff's predecessor...

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