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TOMPKINS TRUST CO v. TALANDIS

176 Misc.2d 632 (1998)

673 N.Y.S.2d 301

Tompkins County Trust Company, Plaintiff, v. Gerald R. Talandis et al., Defendants.

Supreme Court, Tompkins County.

April 14, 1998.

Attorney(s) appearing for the Case

Kerrigan & Wallace, Ithaca (James M. Kerrigan of counsel), for Vita Talandis, defendant. Harris, Beach & Wilcox, L. L. P., Ithaca (Mark B. Wheeler and Michael Rittinger of counsel), for plaintiff.

WALTER J. RELIHAN, JR., J.

The bank holds a mortgage, now in default, upon a residential property solely owned by Gerald Talandis, the mortgagor, and occupied by Vita Talandis, his former wife. The bank and Vita Talandis move for partial summary judgment in the foreclosure proceeding. That is, the bank seeks a determination that any interest in the property asserted by Vita Talandis is subordinate to the bank...

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