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WESSELMAN v. ENGEL CO., INC.

283 A.D. 1020 (1954)

Henry B. Wesselman et al., as Executors of Blanche Wesselman, Deceased, Respondents, v. Engel Company, Inc., et al., Appellants, et al., Defendants

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

June 8, 1954.

Order and judgment affirmed.

DORE, J. (dissenting).

In an action to foreclose a mortgage on real estate, may plaintiffs, despite defense of laches, procure money and deficiency judgment against both obligor and guarantor on the mortgage, almost twenty years after institution of the action? That is the salient issue on this appeal by defendants-appellants from the judgment entered against them.

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