SHERWOOD v. BROCK


65 A.D.3d 738 (2009)

MARTHA SHERWOOD et al., Respondents, v. ANTHONY J. BROCK et al., Appellants.

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

Decided August 6, 2009.


McCarthy, J.

Following a nonjury trial, Supreme Court found defendants liable to plaintiffs in the amount of $100,000, plus interest, on a mortgage note executed in favor of James Sherwood but later assigned to plaintiffs. On appeal, defendants argue that there was no proof of their underlying debt to Sherwood, no consideration for the subject note and no valid assignment of it. We affirm.

"When called upon to review a court's verdict following a nonjury trial...

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