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MIN CAPITAL CORP. RETIREMENT TRUST v. PAVLIN

2010-08036.

88 A.D.3d 666 (2011)

930 N.Y.S.2d 475

2011 NY Slip Op 7012

MIN CAPITAL CORP. RETIREMENT TRUST, Respondent, v. JED PAVLIN et al., Appellants, et al., Defendants.

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

Decided October 4, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to foreclose a mortgage on real property owned by the defendants Jed Pavlin and Caroline Pavlin (hereinafter together the defendants). The plaintiff moved, inter alia, for summary judgment on the complaint, and the defendants cross-moved for summary judgment dismissing the complaint insofar as asserted against them on the ground that the loan agreement was...

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