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MARINE MIDLAND BANK v. SCALLEN

161 A.D.2d 103 (1990)

Marine Midland Bank, N.A., Appellant, v. Stephen B. Scallen, Respondent

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

May 1, 1990

It is undisputed that the defendant executed two mortgage notes evidencing loans obtained by him from Westchester Federal Savings Bank, plaintiff Marine Midland's predecessor in interest. The first of these notes, executed on January 9, 1985, was in connection with a loan in the principal amount of $900,000. Of this sum, $202,666.70 was disbursed by check at the closing, while the remaining $697,333.30 was set aside to be used pursuant...

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