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Levine v. Herrscher

126 N.Y.S. 1136 Court N.Y. App. Div. Decision date 1910-12-30 English

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p. 1136
LEVINE et al., Respondents, v. HERRSCHER, Appellant.
(Supreme Court, Appellate Division, Second Department.
December 30, 1910.)

Headnote

Action by Joseph Levine and another against Jacob Herrscher.

We think that the plaintiffs are entitled to recover so much of the interest on the first mortgage, and also so much of the taxes paid by them, as accrued prior to the date when defendant notified plaintiffs that he would not take title because of defects in the proceedings to foreclose the second mortgage. Order overruling demurrer affirmed, with costs.