GERRITY CO., INC. v. RISCICA


214 A.D.2d 866 (1995)

625 N.Y.S.2d 360

Gerrity Company, Inc., Respondent, v. Anthony M. Riscica et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

April 20, 1995


Spain, J.

On July 13, 1987 third-party defendants, Joseph V. Immediato (hereinafter Immediato) and Maria C. Immediato, executed a $35,000 note and mortgage in favor of plaintiff to secure an indebtedness arising out of their purchase of building materials from plaintiff. The note and mortgage encumbered a parcel of real property located in the Town of New Scotland, Albany County.1

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