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TRUSTCO BANK, NATIONAL ASSOCIATION v. GARDNER

274 A.D.2d 873 (2000)

711 N.Y.S.2d 597

TRUSTCO BANK, NATIONAL ASSOCIATION, Formerly Known as TRUSTCO BANK NEW YORK, Respondent, v. EDWARD W. GARDNER et al., Appellants, et al., Defendants.

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

Decided July 27, 2000.

Mercure, J.

Defendants Edward W. Gardner and Lynn C. Gardner (hereinafter collectively referred to as defendants) were the owners of two adjoining parcels of real property located at 5 Wolfert Avenue and 14 North Broadway in the Village of Menands, Albany County. In June 1989, defendants executed a mortgage in favor of plaintiff, giving plaintiff a first mortgage lien on the 5 Wolfert Avenue property and a second mortgage lien on the 14 North Broadway property. Defendants...

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