TOMPKINS COUNTY TRUST COMPANY v. TALANDIS


261 A.D.2d 808 (1999)

690 N.Y.S.2d 330

TOMPKINS COUNTY TRUST COMPANY, Appellant, v. GERALD R. TALANDIS et al., Defendants, and VITA TALANDIS, Respondent.

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

Decided May 20, 1999.


Graffeo, J.

This foreclosure action involves a priority dispute between a mortgage lender and the occupant, defendant Vita Talandis (hereinafter defendant), of the premises at issue. Defendant and defendant Gerald R. Talandis (hereinafter Talandis) were married in 1961 and entered into a separation agreement in April 1981 which provided defendant with the exclusive right to occupy what had been the marital residence until...

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