TRUSTCO BANK, NAT'L ASS'N v. LABRIOLA


246 A.D.2d 735 (1998)

667 N.Y.S.2d 450

Trustco Bank, National Association, Respondent, v. Frederick M. Labriola et al., Appellants

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

January 8, 1998


Crew III, J.

At all times relevant to this appeal, plaintiff held a second mortgage upon certain real property owned by defendants located in the Town of Colonie, Albany County. In November 1995, defendants defaulted upon their obligations under the mortgage, prompting plaintiff to commence this foreclosure action. Following joinder of issue, plaintiff moved for, inter alia, summary judgment and defendants cross-moved for, inter alia, summary...

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