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MFRS. TRUST v. COTTRELL

71 A.D.2d 538 (1979)

Manufacturers and Traders Trust Company, Respondent-Appellant, v. Edward H. Cottrell et al., Appellants-Respondents, et al., Defendants

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

December 21, 1979

Attorney(s) appearing for the Case

Duke, Holzman, Yaeger & Radlin (Edwin P. Yaeger of counsel), for appellants-respondents.

Diebold & Millonzi (F. James Kane, Jr., and Robert I. Millonzi of counsel), for respondent-appellant.

SIMONS, J. P., DOERR and WITMER, JJ., concur with SCHNEPP, J.; HANCOCK, JR., J., dissents and votes to affirm in an opinion.

SCHNEPP, J.

Plaintiff bank, the Manufacturers and Traders Trust Company, seeks to foreclose its mortgage dated March 14, 1975 in the principal amount of $2,068,500 and executed by Edward H. Cottrell and Kenford Company, Inc. The mortgage constitutes a first lien on real property situate in the Towns of Lancaster and West Seneca, New York. Plaintiff claims that the mortgage interest which became due on December...

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