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NEW YORK TRAP ROCK CORPORATION v. USSHER

271 A.D.2d 842 (2000)

706 N.Y.S.2d 496

NEW YORK TRAP ROCK CORPORATION, Succeeded by MARY MAZUR, Succeeded by E.K.R., LTD., Respondent, v. RALPH USSHER et al., Defendants, and DAVID KOHN, Appellant.

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

Decided April 20, 2000.

Peters, J.

On June 15, 1987, defendants David Kohn (hereinafter defendant) and Ralph Ussher executed a bond and mortgage to plaintiff in connection with the purchase of certain real property located in Ulster County. The bond and mortgage acknowledged a debt in the amount of $350,000 which was to be repaid on June 15, 1990.

On or about November 12, 1991, plaintiff commenced this action to foreclose on the bond and mortgage. It thereafter assigned them to Sarsfield...

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