Ithaca Memorial Chapter No. 147 v. First National Bank & Trust Co.

Appeal from a judgment of the Supreme Court in favor of defendant, entered July 28, 1982 in Tompkins County, upon a dismissal of the complaint by the court at Trial Term (Bryant, J.), at the close of plaintiff’s case. Plaintiff alleged that defendant bank, holder of a mortgage on plaintiff’s property, entered the property without permission or authority and had the utilities turned on after plaintiff, being in financial difficulties, had the gas, water and electricity shut off for the winter. Plaintiff further complained that as a result of the restoration of electrical power, an electric…