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BENNARDO v. DEL MONTE CATERERS, INC.

27 A.D.3d 503 (2006)

811 N.Y.S.2d 434

JOHN BENNARDO et al., Respondents, v. DEL MONTE CATERERS, INC., et al., Defendants, and J&P 1870 REALTY CORP., Appellant. ASTORIA CATERERS, INC., et al., Nonparty Respondents.

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

March 14, 2006.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to Astoria Caterers, Inc., and Catz Realty Corp., payable by J&P 1870 Realty Corp.

On March 9, 1989 Del Monte Caterers, Inc. (hereinafter Del Monte), mortgaged its commercial property located at 1870 Bath Avenue in Brooklyn, to MIF Realty Corp (hereinafter MIF) to secure the sum of $428,000. Del Monte obtained a second and third mortgage from Frank Catapano in the sums of $50,000...

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