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MFRS. TRUST v. TOMMELL

163 Misc.2d 526 (1994)

621 N.Y.S.2d 280

Manufacturers and Traders Trust Co., Plaintiff, v. Paul F. Tommell et al., Defendants.

Supreme Court, Saratoga County.

November 29, 1994

Attorney(s) appearing for the Case

Block & Colucci, P. C., Latham, for plaintiff. Lemery & Reid, Glens Falls, for Paul F. Tommell, defendant.

WILLIAM H. KENIRY, J.

This is an action to foreclose a first mortgage on a 1.55-acre tract of land located in the Town of Malta, Saratoga County.

Plaintiff bank moves for summary judgment. Defendant Paul F. Tommell opposes the motion raising a somewhat novel argument that a judgment foreclosing a mortgage and authorizing a judicial sale of a tract of land cannot be granted by the court until subdivision...

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