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NORSTAR BANK v. MORABITO

201 A.D.2d 545 (1994)

607 N.Y.S.2d 426

Norstar Bank, Respondent, v. Christopher J. Morabito et al., Defendants, and Norman Shohet et al., Appellants

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

February 14, 1994

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the branch of the appellants' motion which was for partial summary judgment on their affirmative defense of equitable subrogation is granted.

The present action is a foreclosure action brought by the plaintiff, Norstar Bank, formerly known as Peconic Bank.

In July 1985, Michael Padden gave a mortgage in the...

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