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VOLPE v. NAT'L BANK

171 Misc.2d 948 (1997)

655 N.Y.S.2d 908

James J. Volpe, Plaintiff, v. National Bank of Geneva, Defendant.

Supreme Court, Monroe County.

February 26, 1997

Attorney(s) appearing for the Case

Edward Degnan, Mendon, for plaintiff. Woods, Oviatt, Gilman, Sturman & Clarke, Rochester (Paul S. Groschadl of counsel), for defendant.

THOMAS A. STANDER, J.

The plaintiff, James J. Volpe (Volpe), submits a motion seeking an order dismissing the affirmative defense of the defendant, the National Bank of Geneva (Bank of Geneva); an order for summary judgment declaring void and unenforceable the collateral security mortgage (Mortgage of June 22, 1990) given by plaintiff originally as additional security to secure plaintiff's antecedent debt to...

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