BAGNOLI v. ALBERT


263 A.D.2d 594 (1999)

692 N.Y.S.2d 790

CONSTANCE BAGNOLI et al., Appellants, v. MARIE D. ALBERT, Also Known as ANNA DERY, Respondent, et al., Defendants.

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

Decided July 1, 1999.


Peters, J.

In July 1994, defendant Marie D. Albert (hereinafter defendant), as president of DD Transport One, Inc., executed an $80,000 promissory note in connection with the purchase of a business from plaintiff Constance Bagnoli. The note was personally guaranteed by two individuals, one of whom was defendant, who purportedly mortgaged her home in the Town of Colonie, Albany County (hereinafter the property). Thereafter, Bagnoli assigned the first 48 payments of...

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