FLEET BANK v. CONSOLA


268 A.D.2d 627 (2000)

701 N.Y.S.2d 182

FLEET BANK, Appellant, v. CONSOLA, RICCITELI, SQUADERE POST NO. 17, INC., et al., Respondents.

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

Decided January 6, 2000.


Spain, J.

In the instant mortgage foreclosure action plaintiff seeks a declaration, inter alia, that it is entitled to sell defendant's real property and that plaintiff is due certain moneys from defendant for certain notes, mortgages and loan agreements executed in 1995. Defendant, a not-for-profit corporation which operates a war veterans' club in the City of Watervliet, Albany County, had a checking account with plaintiff dating back to the early 1950s....

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