MARCUS DAIRY, INC. v. JACENE REALTY CORP.


193 A.D.2d 653 (1993)

597 N.Y.S.2d 465

Marcus Dairy, Inc., Respondent, v. Jacene Realty Corp., Appellant, et al., Defendant

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

May 10, 1993


Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant is guarantor of the payment of two promissory notes issued by Freedom Foods, Inc., and assigned to the plaintiff. The appellant secured the guarantee with a mortgage on the subject property in Mount Vernon, Westchester County. The plaintiff commenced this action to foreclose on the mortgage, alleging that Freedom Foods had defaulted on the notes.

The Supreme Court did not...

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