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CAME REALTY v. DEMAIO

192 Misc.2d 372 (2002)

746 N.Y.S.2d 555

CAME REALTY LLC, Plaintiff, v. KENNETH DEMAIO et al., Defendants.

Supreme Court, Rockland County.

June 20, 2002.

Attorney(s) appearing for the Case

Greco & Gess, P.C., for plaintiff.

Wichler & Gobetz, P.C., for Irma Schenkman, defendant.

Joseph H. Adams for Carole Lerner and another, defendants.

Dickover, Donnelly, Donovan & Biagi LLP for Edward Grix, defendant.

OPINION OF THE COURT

ALFRED J. WEINER, J.

Plaintiff seeks to foreclose a mortgage executed by defendant DeMaio to Churchill Conservation Services, Inc. (Churchill), plaintiff's predecessor in interest. This 30-year mortgage and note which provided for a 9% interest rate were sold by the trustee of Churchill's bankruptcy estate and subsequently assigned to plaintiff.

Prior to its filing for bankruptcy...

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