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Albanese v. Fair Haven Homes, Inc.

280 A.D. 980 Court Second Department, Decision date 1952-11-03 English

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Majority

p. 980
Second Department,
November, 1952.
(November 3, 1952.)
Sal Albanese et al., Respondents, v. Fair Haven Homes, Inc., et al., Defendants, and Lillian Sagarese, Appellant.

Appeal by a defendant in a mortgage foreclosure action from an order denying her motion to open a default on plaintiffs’ motion for summary judgment. Order affirmed, without costs. Assuming that appellant is entitled to some relief against the escrow agent for alleged breach of an escrow agreement, she has no defense to this foreclosure action. Johnston, Acting P. J., Adel, Wenzel, MacCrate and Schmidt, JJ., concur.