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CAFFERTY v. THOMPSON

223 A.D.2d 99 (1996)

644 N.Y.S.2d 584

Peter G. Cafferty, Appellant, v. Gordon E. Thompson et al., Respondents

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

June 20, 1996

Attorney(s) appearing for the Case

M. S. McMahon, P. C., Johnson City (Lisa Tang of counsel, Albany [Daffner & Tang]), for appellant.

Smith, Sovik, Kendrick & Sugnet, P. C., Syracuse (Laurence F. Sovik of counsel), for respondent.

CARDONA, P. J., CREW III, CASEY and YESAWICH JR., JJ., concur.

MIKOLL, J.

Plaintiff, a developer in the Binghamton area of Broome County, defaulted on a two-year $1.2 million bank loan secured by a mortgage and repayable by November 1, 1988. The bank called the loan in May 1989 and commenced a mortgage foreclosure action in March 1990. Plaintiff was represented in this and other transactions by defendants.

In defending the foreclosure action, plaintiff claimed that...

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