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Pink v. Kyle

251 A.D. 914 Court N.Y. App. Div. Decision date 1937-07-02 English

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p. 914
Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of The Title and Mortgage Guaranty Company of Sullivan County, New York, Respondent, v. Harriet M. Kyle and Arthur C. Kyle, Appellants, and Thornton S. Norris, as Surviving Executor, etc., of Stoddard P. Norris, Deceased, Defendant.

Appeal by the defendants Harriet M. Kyle and Arthur C. Kyle from a judgment of the Supreme Court reforming a mortgage and as reformed granting a judgment of foreclosure and sale. The reformation of the mortgage to correct an erroneous description was properly decreed under the evidence and none of the defenses or counterclaims asserted by the defendants are supported by the evidence. The evidence sustains the judgment appealed from. Judgment unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.