HSBC BANK USA v. MERRILL


37 A.D.3d 899 (2007)

830 N.Y.S.2d 598

HSBC BANK USA, Respondent, v. ROBIN R. MERRILL, Appellant, et al., Defendant.

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

Decided February 1, 2007.


Peters, J.

Plaintiff commenced this mortgage foreclosure action alleging that defendant Robin R. Merrill (hereinafter defendant) defaulted under four loans that plaintiff extended to him in connection with their business relationship. The first two loan instruments, each for $120,000, were executed in June 1999 to enable defendant to buy a dairy farm in Franklin County. Thereafter, defendant periodically requested funds from plaintiff to cover additional operating...

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