Legal Opinion
First Federal Savings & Loan Ass'n v. Capalongo
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1989PublishedCited by 5 opinions
1Opinion of the Court
Yesawich, Jr., J.
Appeal from an order of the Supreme Court (Ellison, J.), entered November 2, 1988 in Tompkins County, which denied plaintiffs motion for summary judgment.
Plaintiff holds a mortgage on two parcels of property in Tompkins County, one owned by both defendants, their residence, and the other, residential income property, owned by defendant Sophie E. Capalongo (hereinafter defendant) individually, as security for $50,000 which defendants borrowed in 1972 to purchase these properties. The sixth covenant of the mortgage provides, in pertinent part: "in the event of any default in…
2Cases cited12 opinions
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- Orange & Rockland Utilities, Inc. v. Philwold Estates, Inc.New York Court of Appeals · 1981
- Ferlazzo v. RileyNew York Court of Appeals · 1938
- Wesselman v. Engel Co.New York Court of Appeals · 1955
- Orange & Rockland Utilities, Inc. v. Philwold Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
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3Cited by5 opinions
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- Sweet v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1996