MERCURY CAPITAL CORPORATION v. SHEPHERDS BEACH, INC.


281 A.D.2d 604 (2001)

723 N.Y.S.2d 48

MERCURY CAPITAL CORPORATION, Respondent, v. SHEPHERDS BEACH, INC., Appellant, et al., Defendants.

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

Decided March 26, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The default on the note and mortgage at issue occurred on January 1, 1992. On January 27, 1994, the defendant Eileen C. Oliver filed a petition for protection under the United States Bankruptcy Code, which imposed an automatic stay of any mortgage foreclosure...

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