FIRST TRUST v. AETNA


119 Misc.2d 383 (1983)

First Trust Union Bank, Plaintiff, v. Aetna Casualty and Surety Company et al., Defendants.

Supreme Court, Cattaraugus County.

May 20, 1983


Attorney(s) appearing for the Case

Kelly & Monighan (James J. Monighan of counsel), for plaintiff. Brown, Kelly, Turner, Hassett & Leach (Kevin A. Ricotta of counsel), for Aetna Casualty and Surety Company, defendant.


EDWARD M. HOREY, J.

The facts which give rise to this action, tried without a jury, are noteworthy in their simplicity.

In July, 1976, the defendant Stanley Yaworsky borrowed $6,500 from the plaintiff First Trust Union Bank. As security for the loan, Yaworsky gave the bank a first mortgage on a house which he owned on Center Street in the City of Salamanca.

The mortgage contained a covenant that Yaworsky, as mortgagor, would keep the house...

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