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MOON v. MOON

6 A.D.3d 796 (2004)

776 N.Y.S.2d 324

BONNIE S. MOON, Respondent, v. FRANCIS MOON, Appellant, et al., Defendant.

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

April 1, 2004.

Spain, J.

Plaintiff and defendant Francis Moon (hereinafter defendant) were married in 1974, separated in 2000 and divorced in 2001 after a trial. In 1995 they purchased their marital residence from plaintiff's mother, defendant Frances Goehring, for $150,000 which the parties financed by a bank mortgage in the amount of $100,000. It is undisputed that plaintiff and defendant made an oral promise to pay the $50,000 balance...

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