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MECHANICS SAVINGS BANK v. TOWNLEY CORP.

(14333)

38 Conn. App. 571 (1995)

MECHANICS SAVINGS BANK v. TOWNLEY CORPORATION ET AL.

Appellate Court of Connecticut.

Decision released August 1, 1995.

Attorney(s) appearing for the Case

Mary-Ellen W. Flatow, for the appellant (defendant Robert A. Ginsburg).

Jonathan B. Alter, with whom, on the brief, was Ann M. Siczewicz, for the appellee (plaintiff).

O'CONNELL, LANDAU and HEIMAN, JS.

O'CONNELL, J.

This is a mortgage foreclosure action in which the defendant Robert A. Ginsburg, trustee, appeals from the judgment against him on his stricken counterclaims. He claims that the trial court improperly (1) found that a junior encumbrancer cannot raise a defense or counterclaim that does not relate to the making, validity, or enforcement of the mortgage note, (2) found that there was no legal or equitable basis on which he could raise special defenses...

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