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EVERGREEN BANK v. D & P JUSTIN'S, INC.

152 A.D.2d 898 (1989)

Evergreen Bank, Formerly Known as The Peoples Commercial Bank, Appellant, v. D & P Justin's, Inc., et al., Respondents, et al., Defendants

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

July 20, 1989

Mercure, J.

In October 1985, defendant D & P Justin's, Inc. (hereinafter Justin) borrowed $300,000 from plaintiff in exchange for its promissory note in that amount. The note was guaranteed by Justin's principal, defendant Joseph Palma, and secured by a mortgage on parcels of real property owned by Palma in Albany County (hereinafter parcel I) and by defendant Josephine Palma in Saratoga County (hereinafter parcel II). The mortgage provided that the...

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