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UNITED STATES TRUST CO. OF NEW YORK v. DIGHELLO

179 Conn. 246 (1979)

UNITED STATES TRUST COMPANY OF NEW YORK v. RONALD DIGHELLO ET AL.

Supreme Court of Connecticut.

Decision released November 20, 1979.

Attorney(s) appearing for the Case

Robert G. Zanesky, for the appellant (defendant Luxury Property, Inc.).

Joseph H. Pellegrino, with whom, on the brief, was Bernard A. Pellegrino, for the appellee (plaintiff).

COTTER, C. J., LOISELLE, BOGDANSKI, PETERS and HEALEY, JS.

BOGDANSKI, J.

This appeal involves a foreclosure of a mortgage and the refusal of the court to grant a motion to open the judgment.

The record reveals that NJB Prime Investors, a Massachusetts business trust, as assignee of a note and mortgage instrument executed by the Connecticut National Bank, instituted a foreclosure action on February 26, 1976. In fact, however, NJB Prime Investors had in March of 1975 assigned...

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