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FIRST NAT'L BANK OF SCOTIA v. RICCIO

236 A.D.2d 697 (1997)

652 N.Y.S.2d 908

First National Bank of Scotia, Appellant, v. Ann Riccio, Respondent

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

February 6, 1997

Mercure, J.

The parties each claim a first lien on real property located at 507 Saratoga Road in the Town of Glenville, Schenectady County, defendant as assignee of a mortgage recorded in the Schenectady County Clerk's office on April 27, 1973 (hereinafter referred to as defendant's mortgage) and plaintiff by virtue of a mortgage in its favor that was recorded on April 12, 1991 (hereinafter referred to as plaintiff's mortgage). It is undisputed that,...

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