Legal Opinion

Wells Fargo Bank Minnesota, National Ass'n v. Garrasi

Appellate Division of the Supreme Court of the State of New York

Decided January 20, 2011PublishedCited by 5 opinions

1Opinion of the CourtStein, J.

Appeal from an order of the Supreme Court (Connolly, J.), entered April 27, 2010 in Albany County, which, among other things, granted summary judgment to defendant on his counterclaim.

In April 1999, a husband and wife executed two mortgage notes, one in the amount of $51,750 and the second in the amount of $13,800. The mortgage securing the $13,800 note was filed first and the mortgage securing the $51,750 note was filed immediately thereafter. Ultimately, Provident Bank became the holder of the $51,750 note and mortgage. Provident commenced foreclosure proceedings in 2002 without naming as a…

2Cases cited5 opinions

  1. Whitestone Savings & Loan Ass'n v. Allstate InsuranceNew York Court of Appeals · 1971
  2. Ressis v. MactyeAppellate Division of the Supreme Court of the State of New York · 1983
  3. Berle v. BuckleyAppellate Division of the Supreme Court of the State of New York · 2008
  4. Barrett v. WatkinsAppellate Division of the Supreme Court of the State of New York · 2008
  5. Vinder v. Showbran Leasing & Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2002

3Cited by5 opinions

  1. Matter of Ballard v. New York Safety Track LLCAppellate Division of the Supreme Court of the State of New York · 2015
  2. O'Buckley v. County of ChemungAppellate Division of the Supreme Court of the State of New York · 2011
  3. Collyer v. LaVigneAppellate Division of the Supreme Court of the State of New York · 2022
  4. The Meadow At Clarke Hollow Bay, LLC v. WhiteAppellate Division of the Supreme Court of the State of New York · 2017
  5. Czajka v. PendellAppellate Division of the Supreme Court of the State of New York · 2019

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