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SKYLAKE BANK v. SOLAR HEAT

148 Misc.2d 32 (1990)

Skylake State Bank, Plaintiff, v. Solar Heat and Insulation of Central Utah, Inc., et al., Defendants.

Supreme Court, Bronx County.

August 3, 1990

Attorney(s) appearing for the Case

Lee Chu Walters & Colombini (Peter F. Dwyer of counsel), for plaintiff. Howard Dean for Solar Heat & Insulation of Central Utah, Inc. and another, defendants. Steven Skolnik for Michael Weitz, defendant.

LEWIS R. FRIEDMAN, J.

Plaintiff, an out-of-State, or "foreign" bank (Banking Law § 200), loaned defendants money secured by a mortgage on New York property. Plaintiff seeks to foreclose on that mortgage.

Plaintiff moves to strike defendant's answer and for summary judgment. Defendant opposes this motion on several grounds including, inter alia, that plaintiff has failed to file to do business...

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