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FILIGREE FILMS, INC., PENSION PLAN v. CBC REALTY CORP.

229 A.D.2d 862 (1996)

646 N.Y.S.2d 420

Filigree Films, Inc., Pension Plan, Appellant, v. CBC Realty Corporation et al., Respondents

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

July 25, 1996

White, J. P.

On March 7, 1986, defendant CBC Realty Corporation executed a $90,000 note and mortgage in plaintiff's favor that was payable on March 7, 1987. Upon CBC's default, plaintiff commenced this mortgage foreclosure action and ultimately obtained a judgment of foreclosure and sale that was entered on November 14, 1994. However, before the foreclosure sale, plaintiff discovered that it had failed to include as defendants in this action several parties...

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