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FED. NAT'L MORTGAGE ASS'N v. McAULIFFE

226 A.D.2d 497 (1996)

641 N.Y.S.2d 115

Federal National Mortgage Association, Respondent, v. Russell McAuliffe, Jr., et al., Appellants, et al., Defendants

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

April 15, 1996

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action after the appellants defaulted on payments due on a mortgage note. The appellants contend that a promissory note for the amount of the mortgage note, which was signed by the appellant Russell McAuliffe, Jr., and offered to the plaintiff's servicing agent prior to commencement of the action, satisfied their mortgage debt. It is well settled...

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