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JOHN HANCOCK LIFE INS. CO. v. 42 DELAWARE AVE. ASSOCIATES, LLC

15 A.D.3d 939 (2005)

790 N.Y.S.2d 344

JOHN HANCOCK LIFE INSURANCE COMPANY, Formerly Known as JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Appellant, v. 42 DELAWARE AVENUE ASSOCIATES, LLC, et al., Respondents, et al., Defendants. (Appeal No. 1.)

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

February 4, 2005.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Memorandum:

Plaintiff commenced this foreclosure action against, inter alia, 42 Delaware Avenue Associates, LLC (Associates) and its two shareholders, William L. Christie and Eugene C. Tenney (collectively, defendants) after defendants failed to pay on a note and mortgage for an office building in Buffalo. Defendants counterclaimed for monetary damages based...

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