Legal Opinion

Barclay's Bank of New York v. Market Street Mortgage Corp.

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

Decided January 28, 1993PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Casey, J.

At issue on this appeal is whether Supreme Court erred in granting plaintiff’s motion for summary judgment in its action *143to foreclose on a mortgage securing a $65,000 home equity line of credit issued to defendant James C. Terry. Defendant Market Street Mortgage Corporation loaned $96,000 to Terry to refinance his indebtedness, including that to plaintiff, and took back a mortgage on Terry’s real property which was recorded after the mortgage held by plaintiff.

Prior to the closing of Market Street’s mortgage, Terry’s attorney requested that plaintiff provide a…

2Cases cited1 opinion

  1. State Bank v. FioravantiNew York Court of Appeals · 1980

3Cited by12 opinions

  1. Village of Wagon Mound v. Mora TrustNew Mexico Court of Appeals · 2002
  2. HSBC Bank, USA v. PugkhemAppellate Division of the Supreme Court of the State of New York · 2011
  3. Merrill Lynch Equity Management, Inc. v. KleinmanAppellate Division of the Supreme Court of the State of New York · 1998
  4. Reitman v. Wachovia National Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Board of Managers of the Parkchester North Condominium v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1997

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