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SABBATINI v. GALATI

14 A.D.3d 547 (2005)

789 N.Y.S.2d 504

NICHOLAS SABBATINI, Appellant, v. BENITO GALATI et al., Respondents, et al., Defendants.

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

January 18, 2005.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

In January 1994 the defendants Benito Galati and Maria Galati executed a second mortgage in favor of the plaintiff on property they owned to secure payment of a debt. The plaintiff did not record the mortgage. Several months later, the plaintiff obtained a confession of judgment from Benito Galati based on the same mortgage debt. The plaintiff...

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