TD BANK, N.A. v. DUNBAR TOWER LLC


2013 NY Slip Op 08324

TD BANK, N.A., AS SUCCESSOR BY MERGER TO COMMERCE BANK, N.A., Respondent, v. DUNBAR TOWER LLC ET AL., Appellants.

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

January 29, 2014.


Attorney(s) appearing for the Case

Mark D. Mermel , Lake Success, for appellants.

Corbally, Gartland & Rappleyea, LLP, Poughkeepsie ( William W. Frame of counsel), for respondent.


Appeals (1) from an order of the Supreme Court (Cahill, J.), entered July 9, 2012 in Sullivan County, which granted plaintiff's motion for summary judgment, and (2) from the judgment entered thereon.

ROSE, J.P.

Plaintiff commenced this action to recover on a building loan note executed by defendant Dunbar Tower LLC. The note had been secured by a first mortgage on certain real property, but prior to commencing this action, plaintiff foreclosed on a second...

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