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RUTKOWSKI v. HOME

517440.

117 A.D.3d 1265 (2014)

984 N.Y.S.2d 897

2014 NY Slip Op 3573

MICHAEL RUTKOWSKI et al., Appellants, v. FIRST HORIZON HOME LOANS, a Division of First Tennessee Bank N.A., Respondent.

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

Decided May 15, 2014.

LAHTINEN, J.P.

Appeal from an order of the Supreme Court (Meddaugh, J.), entered June 5, 2013 in Sullivan County, which granted defendant's motion to dismiss the amended complaint.

Plaintiffs received a $500,000 loan from defendant that was to be secured by a mortgage on their real property located at 143 Winston Drive in the Village of Monticello, Sullivan County. The property description for the mortgage mistakenly also included plaintiffs' adjoining property...

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