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NORTHEAST SAV. v. SENNETT

161 A.D.2d 867 (1990)

Northeast Savings, F. A., Appellant, v. John J. Sennett, III, Respondent

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

May 3, 1990

Weiss, J.

On April 16, 1986, defendant contracted with T. J. Best Building and Remodeling, Inc. (hereinafter Best) to construct a single-family home to be completed by December 1986. On September 4, 1986, Best executed a $225,000 building loan agreement to plaintiff, secured by a mortgage on the property to be sold to defendant. The factual situation is similar to that in Northeast Sav. v Rodriguez (159 A.D.2d 820

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