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TROY SAV. BANK v. CALACONE

209 A.D.2d 777 (1994)

617 N.Y.S.2d 995

Troy Savings Bank, Plaintiff, v. Michael A. Calacone, Appellant-Respondent, and Roseann T. Calacone, Respondent-Appellant, et al., Defendants

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

November 3, 1994

White, J.

Defendants Michael A. Calacone (hereinafter Michael) and Roseann T. Calacone (hereinafter Roseann) were the owners of a marital residence in the City of Watervliet, Albany County, which was subject to a mortgage held by plaintiff. In September 1988, as a result of a matrimonial action, the Calacones entered into an oral stipulation on the record which was incorporated by reference into a judgment of divorce entered in December 1988. Pursuant...

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