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APEX TWO, INC. v. TERWILLIGER

211 A.D.2d 856 (1995)

621 N.Y.S.2d 197

Apex Two, Inc., Respondent, v. Charles F. Terwilliger, Sr., et al., Respondents, and Roger T. Studer et al., Appellants. (And Two Third-Party Actions.)

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

January 5, 1995

Crew III, J.

On March 31, 1987, plaintiff extended a $14,000 loan to defendants Charles F. Terwilliger, Sr. and Helen M. Terwilliger. The note executed by the Terwilligers was secured by a mortgage lien on certain real property owned by the Terwilligers and located in the Town of Kirkwood, Broome County. The first parcel was located on Main Street and was used by the Terwilligers as their residence,

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