PIDWELL v. DUVALL


28 A.D.3d 829 (2006)

815 N.Y.S.2d 754

SUSAN A. PIDWELL, Formerly Known as SUSAN A. DUVALL, Respondent, v. KATHRYN DUVALL et al., Defendants, and MCYC, LLC, Appellant.

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

April 6, 2006.


Cardona, P.J.

In 1992, defendant Kathryn Duvall purchased certain commercial waterfront property in St. Lawrence County for $250,000 from Mary Cecilia Briggs and Peter Ward. The purchase was partially financed by the sellers who took back a note and mortgage, dated January 30, 1992, in the amount of $150,000. Among other things, this first mortgage provided that, in the event of a default, the lenders "may declare the full amount of the Debt to be due and payable...

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