DECANA, INC. v. CONTOGOURIS


24 A.D.3d 297 (2005)

808 N.Y.S.2d 617

DECANA, INC., et al., Respondents, v. SPYRO C. CONTOGOURIS et al., Defendants. EASTSIDE HOLDINGS LLC, Nonparty Appellant.

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

December 22, 2005.


Plaintiff alleges that appellant's mortgage was the product of dishonest dealings between defendant and plaintiff's former employee, also a named defendant, who mortgaged the property a second time to a company controlled by himself, the validity of which second mortgage is also a subject of the action. Although plaintiff instituted the instant action not long after its mortgage with defendant was executed, it continued to pay the loan installments under protest. However...

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