CENT. NAT'L BANK, CANAJOHARIE v. PURDY


249 A.D.2d 825 (1998)

671 N.Y.S.2d 866

Central National Bank, Canajoharie, Respondent, v. Frank D. Purdy, Defendant, and Joseph Como, Jr., Appellant

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

April 23, 1998


Crew III, J.

On December 13, 1989 defendant Joseph Como, Jr., defendant Frank D. Purdy and Scott Purdy executed a $55,000 note in favor of plaintiff and, simultaneously, a mortgage on certain real property was executed to secure the note. In 1993, Como and the Purdys defaulted on the note, as a result of which plaintiff made a motion for summary judgment in lieu of a complaint against Como and Frank Purdy (hereinafter Purdy),

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