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ESTHER M. MERTZ TRUST v. FOX MEADOW PARTNERS, LTD.

288 A.D.2d 338 (2001)

734 N.Y.S.2d 77

ESTHER M. MERTZ TRUST, Respondent, v. FOX MEADOW PARTNERS, LTD., et al., Appellants, et al., Defendants. (Action No. 1.) ESTHER M. MERTZ TRUST, Respondent, v. FOX MEADOW PARTNERS, LTD., et al., Appellants, et al., Defendants. (Action No. 2.)

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

Decided November 19, 2001.

Ordered that the judgment and order are affirmed, with costs.

On September 23, 1987, Esther M. Mertz loaned the defendant Fox Meadow Partners, Ltd. (hereinafter "Fox Meadow") the sum of $1,600,000 to finance its purchase of a 32-lot subdivision in Dutchess County. As security for the loan, Fox Meadow executed a note and mortgage which originally encumbered the entire subdivision. The note and mortgage required Fox Meadow...

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