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DIME SAV. BANK OF NEW YORK v. OGLE

202 A.D.2d 336 (1994)

610 N.Y.S.2d 773

Dime Savings Bank of New York, F.S.B., Respondent, v. Cecil C. Ogle et al., Defendants, and Myrtle Taylor, Appellant

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

March 22, 1994

We agree with the IAS Court that appellant's evidence does not provide a defense to plaintiff's cause of action for foreclosure. Codefendant James Ogle's testimony that he had been involved in sale-leasebacks with other people did not suggest plaintiff's involvement in these other transactions, but merely that plaintiff was just another of Ogle's victims, and indeed such was the finding of the court in defendant Taylor's fraud...

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