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MATTER OF MANUFACTURERS AND TRADERS TRUST COMPANY v. MYERS

38 A.D.3d 965 (2007)

830 N.Y.S.2d 831

In the Matter of MANUFACTURERS AND TRADERS TRUST COMPANY, as Trustee of Securitization Series 1988-1 Agreement Dated 3-1-1998, Respondent, v. ROBERT S. MYERS et al., Appellants.

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

Decided March 1, 2007.

Rose, J.

After successfully prosecuting a mortgage foreclosure action against respondents and purchasing the subject property at the foreclosure sale, petitioner commenced this proceeding to obtain possession of the property pursuant to RPAPL 713 (5). Ultimately, Town Court denied petitioner's summary judgment motion and effectively dismissed the proceeding, concluding that respondents' alleged tender of a promissory note to petitioner shortly before the foreclosure...

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