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FIRST UNION NATIONAL BANK v. WESTON

261 A.D.2d 668 (1999)

689 N.Y.S.2d 543

FIRST UNION NATIONAL BANK, Formerly Known as FIRST FIDELITY BANK, N. A., NEW YORK, Respondent, v. HUGH E. WESTON et al., Appellants, et al., Defendants.

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

Decided May 6, 1999.

Cardona, P. J.

In December 1993, defendants Hugh E. Weston and Diane L. Weston obtained a loan from Mid-Hudson Savings Bank FSB, plaintiff's predecessor in interest, in the amount of $92,500 for the purpose of constructing a home. In connection therewith, the Westons executed a mortgage note and Hugh Weston executed a building loan agreement and mortgage pledging the property to be improved as collateral. The terms of the building loan agreement provided, inter...

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