GENERATIONS BANK v. SCIOTTI

47490

43 Misc.3d 578 (2014)

982 N.Y.S.2d 721

2014 NY Slip Op 24067

GENERATIONS BANK, Plaintiff, v. NICHOLAS A. SCIOTTI, as Administrator of the Estate of HELEN KOTYK, Deceased, et al., Defendants.

Supreme Court, Seneca County.

March 18, 2014.


Attorney(s) appearing for the Case

Thurston Law Office, PC. ( Stacy L. DeForrest of counsel) for plaintiff.

Legal Assistance of Western New York, Inc. ( Heather J. Webb of counsel) for Daniel J. Kotyk, defendant.


OPINION OF THE COURT

DENNIS F. BENDER, J.

An interesting issue arose in the context of a mandatory settlement conference held in this matter. The defendant, Daniel J. Kotyk, is a son of the now deceased mortgagor, Helen Kotyk, who executed the underlying note and mortgage on or about April 11, 2007. On November 20, 2009, Mrs. Kotyk died.

It is undisputed that Mr. Kotyk was residing at the residence...

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