Gerrity Co. v. Riscica
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Spain, J.
Appeal from an order of the Supreme Court (Keegan, J.), entered April 5, 1994 in Albany County, which partially granted plaintiffs motion for summary judgment.
On July 13, 1987 third-party defendants, Joseph V. Immediate (hereinafter Immediate) and Maria C. Immediate, executed a $35,000 note and mortgage in favor of plaintiff to secure an indebtedness arising out of their purchase of building materials from plaintiff. The note and mortgage encumbered a parcel of real property located in the Town of New Scotland, Albany County.1 In June 1988 the Immediatos conveyed certain real estate…
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