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EVERGREEN BANK, N. A. v. GIROUX

273 A.D.2d 586 (2000)

708 N.Y.S.2d 755

EVERGREEN BANK, N. A., Formerly Known as FIRST NATIONAL BANK OF GLENS FALLS, Respondent, v. FRANCIS A. GIROUX, Appellant.

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

Decided June 15, 2000.

Crew III, J. P.

As the result of defendant defaulting in payment on a real estate loan advanced by plaintiff, plaintiff foreclosed upon the mortgage held on the underlying property in the Town of Corinth, Saratoga County, and, in January 1998, obtained a judgment of foreclosure and sale. In August 1998, plaintiff purchased the property at a public sale for $56,000. In September 1998, plaintiff moved to confirm the Referee's report of sale and for a deficiency judgment...

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