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CASSARA v. WYNN

55 A.D.3d 1356 (2008)

865 N.Y.S.2d 436

GERDA B. CASSARA, Respondent, v. JAMES I. WYNN, Also Known as JAMES WYNN, SR., Appellant. (Appeal No. 2.)

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

October 3, 2008.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied and the answer is reinstated.

Memorandum:

Plaintiff commenced this action seeking to foreclose on a mortgage given by defendant, which had been assigned to her by the mortgagee. We agree with defendant that there is an issue of fact whether plaintiff breached the terms of the mortgage and...

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