Cohen v. Colistra
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Crew III, J, Appeal from an order of the Supreme Court (Best, J.), entered January 29,1996 in Montgomery County, which denied plaintiffs’ motion for partial summary judgment.
In January 1989, defendants Gerard Colistra and Lorraine Colistra (hereinafter collectively referred to as defendants) purchased a residence from plaintiffs located in the Town of Florida, Montgomery County, by executing a promissory note in the amount of $180,000. The note was payable to plaintiffs and secured by a mortgage on the property. Defendants thereafter ceased making the required payments to plaintiffs and, in…
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