BROWN v. BELLAMY


170 A.D.2d 876 (1991)

Francis K. Brown, Respondent, v. Leon D. Bellamy, Sr., et al., Appellants

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

February 21, 1991


Mahoney, P. J.

Plaintiff owned a parcel of commercial real estate located on U.S. Route 9 in the Town of Colonie, Albany County. In March 1976, plaintiff leased the property to defendant Leon D. Bellamy, Jr. who, in turn, assigned the lease to defendant Pancake House, Inc. Thereafter, application was made to obtain a construction loan from Marine Midland Bank (hereinafter the Bank) to erect a restaurant on the property. The Bank refused to make the loan...

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