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ROGERS v. WILLIAMSBURGH SAV. BK.

79 Misc.2d 852 (1974)

Alan Rogers et al., Plaintiffs, v. Williamsburgh Savings Bank, Defendant.

District Court of Suffolk County, First District.

November 7, 1974

Attorney(s) appearing for the Case

S. M. & D. E. Meeker for defendant. Davies & Elston for plaintiffs.

ANNE F. MEAD, J.

This is a motion to dismiss the complaint on grounds that a defense is based upon documentary evidence, under CPLR 3211 (subd. [a], par. 1), and that the complaint fails to state a cause of action, under CPLR 3211 (subd. [a], par. 7).

Plaintiffs were owners and occupants of a single-family residence located at 6 Kejaro Court, Centereach. Defendant held a mortgage on it dated October...

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