MARINE MIDLAND BANK-WESTERN v. CTR. OF WILLIAMSVILLE, INC.


48 A.D.2d 764 (1975)

Marine Midland Bank-Western, Respondent, v. Center of Williamsville, Inc. et al., Appellants

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

May 30, 1975


Order unanimously reversed, with costs, and motion denied.

Memorandum:

This is an appeal from an order of Special Term Erie County Court which dismissed appellants' counterclaim and affirmative defenses interposed in response to respondent's (Marine Midland Bank-Western) action to foreclose upon a mortgage securing a principal indebtedness in the amount of three million dollars owed to the respondent bank by appellant Center of Williamsville, Inc. In our opinion...

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