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FIORE v. OAKWOOD PLAZA

164 A.D.2d 737 (1991)

Leonard S. Fiore, Sr., Doing Business as FL&S Assocs., et al., Respondents, v. Oakwood Plaza Shopping Center, Inc., et al., Appellants

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

January 31, 1991

Attorney(s) appearing for the Case

Donald S. Snider of counsel (Harry B. Frank and Harvey B. Baum with him on the brief; Frank, Aronow & Baum, P. C., and Fink Weinberger, P. C., attorneys), for appellants.

Roy A. Powell of counsel (Stuart M. Steinberg with him on the brief; Steinberg & Fineo, and Jones, Day, Reavis & Pogue, attorneys), for respondents.

KUPFERMAN, J. P., ASCH and RUBIN, JJ., concur.

SMITH, J.

The issue presented is whether summary judgment in lieu of complaint is appropriate based upon a cognovit judgment secured in Pennsylvania.

By summons and notice of motion for summary judgment in lieu of complaint, plaintiffs, in January 1989, commenced this action for payment of money only alleged to be due and owing under a bond and warrant. Representing a second mortgage, the bond and warrant...

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