Legal Opinion
Evergreen Bank v. D & P Justin's, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 20, 1989PublishedCited by 7 opinions
1Opinion of the CourtMercure, J.
Appeal from that part of an order and judgment of the Supreme Court (Conway, J.), entered December 13, 1988 in Albany County, which denied plaintiffs motion for a deficiency judgment and granted the cross motion of defendants D & P Justin’s, Inc. and Joseph C. Palma for a surplus money judgment.
In October 1985, defendant D & P Justin’s, Inc. (hereinafter Justin) borrowed $300,000 from plaintiff in exchange for its promissory note in that amount. The note was guaranteed by Justin’s principal, defendant Joseph Palma, and secured by a mortgage on parcels of real property owned by Palma in Albany…
2Cases cited5 opinions
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- New York Life Insurance v. H. & J. Guttag Corp.New York Court of Appeals · 1934
- Broward National Bank of Fort Lauderdale v. StarzecAppellate Division of the Supreme Court of the State of New York · 1968
- Central Hanover Bank & Trust Co. v. EisnerNew York Court of Appeals · 1937
- Turner v. MeierdiercksAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by7 opinions
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- Aaron v. KentAppellate Division of the Supreme Court of the State of New York · 1992
- Golden City Commercial Bank v. Hawk Properties Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Bank of New York v. GoodfriendAppellate Division of the Supreme Court of the State of New York · 1998
- RTC Mortgage Trust 1995-S/N1 v. R&C General Contractors Corp.Appellate Division of the Supreme Court of the State of New York · 2007
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