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GOLDEN CITY COMMERCIAL BANK v. HAWK PROPS. CORP.

240 A.D.2d 218 (1997)

658 N.Y.S.2d 301

Golden City Commercial Bank, Respondent, et al., Plaintiff, v. Hawk Properties Corp. et al., Appellants, et al., Defendants

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

June 10, 1997

Contrary to defendants' claim, the standard of reasonable market value embodied in RPAPL 1371 (2), not that of commercial reasonableness embodied in UCC 9-504, applies herein, since there is no evidence that the mortgage was pledged as security for a separate independent loan, and the debt sued upon is the mortgage debt (see, Stochastic Decisions v Wagner, 34 F.3d 75, 80, citing ...

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