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FIRST CITY v. VITALE

123 A.D.2d 207 (1987)

First City Division of Chase Lincoln First Bank, N. A., Appellant, v. Carme S. Vitale et al., Respondents. (Action No. 1.) First City Division of Chase Lincoln First Bank, N. A., Appellant, v. Vitale Lumber Company, Inc., Respondent. (Action No. 2.)

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

January 15, 1987

Attorney(s) appearing for the Case

Hancock & Estabrook (Donald J. Kemple of counsel), for appellant.

Becker, Card, Levy & Sluzar, P. C. (Bruce O. Becker of counsel), for respondents.

KANE, J. P., MAIN, CASEY and YESAWICH, JR., JJ., concur.

LEVINE, J.

In 1965, Catskill Forest Products, Inc. (Forest) borrowed $150,000 from the First National Bank of Hamden under a Small Business Administration (SBA) guaranteed loan program. The loan was evidenced by a promissory note and secured by a mortgage on a building in the Village of Walton, Delaware County, and a security agreement covering Forest's machinery and equipment contained therein. As part of the...

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