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M&T REAL ESTATE v. DOYLE

No. 55.

20 N.Y.3d 563 (2013)

987 N.E.2d 257

964 N.Y.S.2d 480

2013 NY Slip Op 1996

M&T REAL ESTATE TRUST, Successor by Merger of M&T REAL ESTATE, INC., Appellant, v. JAMES J. DOYLE, II, et al., Respondents.

Court of Appeals of New York.

Decided March 26, 2013.

Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel, LLP, Buffalo ( Howard S. Rosenhoch and Vincent O. Hanley of counsel), for appellant.

Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo ( John K. Rottaris and Katherine M. Liebner of counsel), for respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, SMITH, PIGOTT and RIVERA concur.

OPINION OF THE COURT

READ, J.

On March 24, 2009, M&T Real Estate Trust (M&T) brought this action pursuant to article 13 of the Real Property Actions and Proceedings Law to foreclose certain commercial mortgages executed by defendant James J. Doyle, II with respect to property in Tonawanda, New York. These mortgages, given to secure Doyle's indebtedness on two promissory notes, were guaranteed by his...

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