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EMPIRE OF AM. REALTY CREDIT CORP. v. SMITH

227 A.D.2d 931 (1996)

643 N.Y.S.2d 246

Empire of America Realty Credit Corporation, Respondent, v. Lum Smith et al., Defendants, and Elsie Smith, Appellant

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

May 31, 1996

Order unanimously reversed on the law without costs, motion granted, judgment of foreclosure and sale dated September 27, 1995 vacated and complaint against defendant Elsie Smith dismissed.

Memorandum:

Plaintiff, as assignee of Resolution Trust Company, the receiver for Erie County Savings Bank, commenced this action to foreclose on a mortgage executed by George J. Dotterweich, Jr., and Elizabeth A. Dotterweich and assumed by Elsie Smith (defendant) and Lum...

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