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COCO v. RANALLETTA

305 A.D.2d 1082 (2003)

759 N.Y.S.2d 274

JOSEPH COCO, Appellant, v. RICHARD A. RANALLETTA et al., Defendants, and BANK OF NEW YORK, as Trustee Under the Pooling and Service Agreement Dated as of 5/31/96 Series 1996-B, Respondent.

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

Decided May 2, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the motion of the Bank of New York (defendant) for summary judgment, declaring that mortgages on property located at 115-119 Lydia Street in Rochester assigned to defendant are superior to plaintiff's mortgage on that property. Contrary to plaintiff's contention, defendant is not charged with constructive...

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