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CAMMAROTA v. DRAKE, JR.

285 A.D.2d 919 (2001)

727 N.Y.S.2d 809

EDWARD D. CAMMAROTA, Appellant, v. RALPH H. DRAKE, JR., Respondent, et al., Defendants.

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

Decided July 26, 2001.

Rose, J.

Plaintiff commenced this action to foreclose a mortgage securing repayment of a note in the amount of $150,000 executed by defendant Ralph H. Drake, Jr. (hereinafter defendant). Defendant answered and asserted as an affirmative defense that "[p]laintiff's debt has been paid." At a nonjury trial of the action and over plaintiff's objection, defendant presented proof of another agreement (hereinafter the construction...

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