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BARCLAY'S BANK v. MKT ST MTGE

187 A.D.2d 141 (1993)

Barclay's Bank of New York N. A., Respondent, v. Market Street Mortgage Corporation, Appellant, et al., Defendants. (And Another Related Action.)

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

January 28, 1993

Attorney(s) appearing for the Case

Bleakley, Platt & Schmidt, White Plains (Frank J. Ingrassia and William P. Harrington of counsel), for appellant.

Gellert & Cutler, P. C., Poughkeepsie (Terry D. Horner and Lillian S. Weigert of counsel), for respondent.

WEISS, P. J., LEVINE, MAHONEY and HARVEY, JJ., concur.

CASEY, J.

At issue on this appeal is whether Supreme Court erred in granting plaintiff's motion for summary judgment in its action to foreclose on a mortgage securing a $65,000 home equity line of credit issued to defendant James C. Terry. Defendant Market Street Mortgage Corporation loaned $96,000 to Terry to refinance his indebtedness, including that to plaintiff...

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