BENIZZI v. BANK OF THE HUDSON


50 A.D.3d 1372 (2008)

855 N.Y.S.2d 764

HENRY BENIZZI et al., Respondents, v. BANK OF THE HUDSON, Formerly Known as MSB BANK, Appellant.

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

Decided April 17, 2008.


Lahtinen, J.

In this dispute about the enforceability of a UCC-1 statement filed by defendant against a manufactured home located on property owned by plaintiffs, the parties submitted neither depositions nor affidavits of the parties in support of their motions for summary judgment. The basic facts, as gleaned from the record, reveal that, in 1992, the parents of plaintiff Henry Benizzi were permitted by plaintiffs to place a double-wide manufactured home owned by...

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