AVCO FIN. SERVS. v. BENTLEY


116 Misc.2d 34 (1982)

Avco Financial Services Trust (a Massachusetts Business Trust), Plaintiff, v. Gary G. Bentley et al., Defendants.

Supreme Court, Allegany County.

October 5, 1982

Amended decision October 15, 1982.


Attorney(s) appearing for the Case

Martin, Noonan, Hislop, Troue & Shudt (Holden C. Gutermuth of counsel), for plaintiff.


WILLIAM W. SERRA, J.

Plaintiff seeks judgment of foreclosure and sale of mortgaged premises. The defendant mortgagors have defaulted in appearance, and no defenses have been raised by the other defendants. The application has been made upon affidavit that no payments of principal or interest have been made, and, therefore, no reference to compute has been required.

The mortgage by its terms provides for reasonable counsel fees if permitted by...

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