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CITY OF UTICA v. MALLETTE

852 CA 20-00864.

200 A.D.3d 1614 (2021)

159 N.Y.S.3d 288

2021 NY Slip Op 07369

City of Utica, Respondent, v. Michelle Mallette, Formerly Known as Michelle Bannatyne, Appellant.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

LAMB & BARNOSKY, MELVILLE ( SCOTT M. KARSON OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM M. BORRILL , CORPORATION COUNSEL, UTICA ( ARMOND J. FESTINE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Carni, Curran and DeJoseph, JJ.

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

Memorandum: In 2010, defendant's husband owned the Doyle Hardware Building, a landmark four-story building in plaintiff City of Utica (City). The City made loans to defendant's husband totaling $150,000 for the purpose of purchasing and installing an elevator in the building (project), which were secured by a mortgage on the building. Defendant signed a personal loan guarantee...

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