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MUT. LIFE INS. CO. v. WEIL

278 A.D. 238 (1951)

Mutual Life Insurance Company of New York, Appellant-Respondent, v. Max S. Weil et al., Individually and as Executors and Trustees under The Will of Samuel Weil, Deceased, et al., Respondents-Appellants

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

May 8, 1951.

Attorney(s) appearing for the Case

Morris J. Bricker of counsel (Arnstein & Levy, attorneys), for respondents-appellants.

Vincent Keane of counsel (Haughton Bell, attorney), for appellant-respondent.

GLENNON, J. P., CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur in Per Curiam opinion; DORE, J., dissents in opinion.

Per Curiam.

The plaintiff is the holder of a bond secured by mortgage covering premises known as 220 Lenox Avenue, New York City. It brings this action against the executors (officially and individually) and the distributees of a decedent liable for payment of the bond under a mortgage extension agreement executed in his lifetime. The corporate owner of the mortgaged realty...

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