Dime Savings Bank v. Roberts

Appeal from an order of the Supreme Court (Prior, Jr., J.), entered July 6, 1989 in Albany County, which, inter alia, denied the motions of defendants DeBrino Caulking Associates, Inc. and Paul Van Ryn for summary judgment.

Plaintiff commenced this action to foreclose a mortgage held by plaintiff on certain property in the City of Albany owned by defendant Duane E. Roberts, Jr. In June 1985, plaintiff loaned Roberts $185,000 and took a first mortgage on the subject property, which mortgage was recorded in the Albany County Clerk’s office on June 7, 1985. On February 27, 1987, plaintiff loaned…