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TORSOE BROTHERS CONSTRUCTION CORP. v. McKENZIE

271 A.D.2d 682 (2000)

706 N.Y.S.2d 188

TORSOE BROTHERS CONSTRUCTION CORP., Respondent, v. DENNIS C. McKENZIE et al., Appellants, et al., Defendant.

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

Decided April 24, 2000.

Ordered that the order is affirmed, with costs.

The plaintiff commenced the instant action to foreclose a mortgage when a judgment against the defendant Biagio Guiliano obtained in a prior action based on his personal guarantee was returned unsatisfied on March 10, 1997. The plaintiff named Dennis C. McKenzie and Patricia T. McKenzie as defendants in this action because they had purchased a portion of the subject realty from Guiliano after the commencement of the...

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