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MERCHS. NAT BANK v. WAGNER

93 Misc.2d 224 (1978)

Merchants National Bank & Trust Company of Syracuse, Plaintiff, v. Theodore Wagner et al., Defendants.

Supreme Court, Oswego County.

February 17, 1978

Attorney(s) appearing for the Case

Lombardi, Devorsetz, Stinziano & Smith (John L. Stinziano of counsel), for Theodore Wagner and others, defendants. Melvin & Melvin (Roger W. Bradley of counsel), for plaintiff.

THOMAS ALOI, J.

Defendants Theodore and Rosemary Wagner bring this motion for summary judgment pursuant to CPLR 3212. The action was commenced on February 26, 1977 by Merchants Bank to foreclose a mortgage given by defendants as security for their guarantee of a corporate obligation.

On July 1, 1974, Capello Development Corporation delivered to plaintiff its note for $58,100, secured by a mortgage dated...

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