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FIRST FED SAV v. JENKINS

109 Misc.2d 715 (1981)

First Federal Savings & Loan Association of Rochester, Plaintiff, v. Albert J. Jenkins et al., Defendants.

Supreme Court, Special Term, Tompkins County.

July 17, 1981

Attorney(s) appearing for the Case

O'Connor Sovocool, Pfann & Tyler (David A. Tyler of counsel), for plaintiff. Mulvey & Winn (Richard I. Mulvey of counsel), for Albert J. Jenkins and another, defendants. Kerrigan & Dubon (James M. Kerrigan of counsel), for Richard J. Mooney and another, defendants. Richard Z. Steinhaus and Schwall & Carroll (Leonard Schwall and Isabel L. Becker of counsel), for Savings Association League of New York State, amicus curiae.

FREDERICK B. BRYANT, J.

The plaintiff has moved pursuant to CPLR 3212 for an order striking defendants' answers and directing the entry of summary judgment for plaintiff in this action to foreclose its mortgage executed by the defendants Albert J. Jenkins and Pamela Jenkins.

The plaintiff, First Federal Savings and Loan Association of Rochester (hereafter sometimes referred to as lender) is a savings and loan corporation organized and existing...

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