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TRUSTCO BANK v. STRONG

261 A.D.2d 25 (1999)

699 N.Y.S.2d 805

In the Matter of TRUSTCO BANK, NATIONAL ASSOCIATION, Appellant-Respondent, v. STEVEN B. STRONG, Respondent-Appellant, et al., Respondents.

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

December 23, 1999.

Attorney(s) appearing for the Case

Overton, Russell & Doerr, Clifton Park (Kevin J. Tollisen of counsel), for appellant-respondent.

Ganz & Wolkenbreit, Albany (Robert E. Ganz of counsel), for respondent-appellant.

Fernandez, Burstein & Tuczinski, P. C., Albany (Daniel J. Tuczinski of counsel), for Janet S. Fitzgerald and others, respondents.

Hancock & Estabrook, L. L. P., Albany (Patrick M. Connors of counsel), and Jerome K. Frost, P. C., Troy, for William S. Oberheim and another, respondents.

PETERS, SPAIN, CARPINELLO and GRAFFEO, JJ., concur.

OPINION OF THE COURT

MERCURE, J. P.

Petitioner commenced an action to foreclose a mortgage executed in its favor by 126 State Street Associates, a limited liability partnership (hereinafter the partnership), which secured the partnership's real property. Petitioner obtained a judgment of foreclosure and sale, sold the real property at a judicial sale and then obtained a deficiency judgment against the partnership in the amount of $629,994.60. In this special...

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