CERAVOLO v. BUCKNER


111 Misc.2d 676 (1981)

Mary Ceravolo, Plaintiff, v. Joanne E. Buckner et al., Defendants.

Supreme Court, Ontario County.

December 3, 1981


Attorney(s) appearing for the Case

Thomas D. Kennedy for plaintiff. Stephen R. Sirkin for Joanne E. Buckner, defendant. Maria L. Green for Terry R. Keller and another, defendants.


ANDREW V. SIRACUSE, J.

On May 9, 1979 defendant Joanne E. Buckner executed a note and mortgage to plaintiff, Mary Ceravolo, in the amount of $30,000 payable at 8% interest per annum over a five-year term. The mortgage and note provided, among other things, that "this mortgage shall be all due and payable upon transfer of part of [sic] all of the subject premises, and shall not be assumable without the prior written consent of the mortgagee."

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