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SAINI v. CINELLI ENTERPRISES, INC.

289 A.D.2d 770 (2001)

733 N.Y.S.2d 824

SURJIT S. SAINI et al., Respondents, v. CINELLI ENTERPRISES, INC., Formerly Known as LEN-CIN ENTERPRISES, INC., Appellant, et al., Defendants.

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

Decided December 13, 2001.

Spain, J.

Plaintiffs commenced this foreclosure action against defendant Cinelli Enterprises, Inc. (hereinafter defendant) and others on October 6, 1999 seeking to recover on a note executed by defendant on February 5, 1979 evidencing a loan of $225,000 secured by a mortgage in the same amount on property located in the Town of Rotterdam, Schenectady County. Plaintiffs are the assignees of the note and mortgage. A previous foreclosure action (hereinafter the first...

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