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Famiano v. Bottieri

262 A.D. 797 Court N.Y. App. Div. Decision date 1941-05-16 English

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p. 797
(May 16, 1941.)
Rose Famiano, as Administratrix, etc., of Alessandro Famiano, Deceased, Respondent, v. Emely Bottieri, Appellant.

Decision of this court, handed down May 14, 1941 [ante, p. 795], amended on account of clerical error, to read as follows: Appeal from a judgment of foreclosure and sale entered upon a decision of the court, after a trial without a jury in the County Court, Schenectady County, on December 22, 1938. Also appeal from an order [entered on July 7,1939,] fixing the amount of the deficiency judgment. The defense was usury. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Hefieman, Sehenek and Foster, JJ.