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GENERATIONS BANK v. DONNELLY

809 CA 19-01133.

191 A.D.3d 1318 (2021)

142 N.Y.S.3d 685

2021 NY Slip Op 00719

Generations Bank, Formerly Known as Seneca Falls Savings Bank, Respondent, v. Glenn Donnelly et al., Defendants, and CHA Consulting, Inc., Appellant. CHA Consulting, Inc., on its Own Behalf and on Behalf of All Others Similarly Situated, Third-Party Plaintiff-Appellant, v. Generations Bank, Formerly Known as Seneca Falls Saving Bank, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

Decided February 5, 2021.

Attorney(s) appearing for the Case

SHEATS & BAILEY, PLLC, LIVERPOOL ( EDWARD J. SHEATS OF COUNSEL), FOR DEFENDANT-APPELLANT AND THIRD-PARTY PLAINTIFF-APPELLANT.

TESTA LAW FIRM, P.C., AUBURN ( DANIEL A. TESTA, III , OF COUNSEL), FOR PLAINTIFF-RESPONDENT AND THIRD-PARTY DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff/third-party defendant, Generations Bank, formerly known as Seneca Falls Savings Bank (Bank), commenced a foreclosure action on a duly recorded commercial mortgage it held on real property in Oswego County. The mortgage secured a commercial line of credit note that the Bank extended to defendant/third-party defendant Glenn Donnelly. In the foreclosure action...

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