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HATHAWAY v. TOMPKINS

8 Misc.3d 260 (2005)

794 N.Y.S.2d 899

MICHAEL J. HATHAWAY, Plaintiff v. MARK W. TOMPKINS et al., Defendants.

Supreme Court, Seneca County.

April 26, 2005.

Attorney(s) appearing for the Case

Calvin A. Brainard for plaintiff.

DeValk, Hendricks & Power, P.C., for defendants.

OPINION OF THE COURT

DENNIS F. BENDER, J.

This matter is on for various forms of relief, including summary judgment on the issue of liability in a foreclosure action. The plaintiff is the assignee of a collateral security mortgage from the National Bank of Geneva, that was given by defendants Mark and Maureen Tompkins. The Tompkins, who were then married, gave the mortgage to secure repayment of consolidated business...

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