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MARK v. RIZZO

6 Misc.2d 2 (1957)

Hyman Mark, as Committee of the Property of Max Levin, an Incompetent, Plaintiff, v. Mary Rizzo et al., Defendants.

Supreme Court, Trial Term, Erie County.

May 17, 1957.

Attorney(s) appearing for the Case

Hyman Mark, in person, and Maurice Lutwack for Hyman Mark, plaintiff.

James J. Garvey for Mary Rizzo, defendant.

Louis J. Lefkowitz, Attorney-General, for the People of the State of New York, defendant.

Goldstein & Freed for Ohio Finance Company, Inc., defendant.

Thomas P. Flaherty for Norman Batkowski and another, copartners doing business as B & C Upholstering, defendants.

REGIS O'BRIEN, J.

Action to foreclose a mortgage.

Plaintiff was appointed by an order of this court, as committee of the person and property of Max Levin, an incompetent, on August 2, 1951. The mortgage dated November 4, 1949, was given with her bond, by the defendant, Mary Rizzo, to said Max Levin. It was recorded in the Erie County Clerk's office November 7, 1949 in liber 4234 of mortgages at page 143...

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