Legal Opinion
Merchants National Bank & Trust Co. v. Wagner
New York Supreme Court
Decided February 17, 1978PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas Aloi, J.
Defendants Theodore and Rosemary Wagner bring this motion for summary judgment pursuant to CPLR 3212. The action was commenced on February 26, 1977 by Merchants Bank to foreclose a mortgage given by defendants as security for their guarantee of a corporate obligation.
On July 1, 1974, Capello Development Corporation delivered to plaintiff its note for $58,100, secured by a mortgage dated July 15, 1974 on two apartment buildings in Mexico, New York. Theodore Wagner, president of the corporation, and Rosemary Wagner guaranteed the note, which was originally…
2Cases cited31 opinions
- Gelfert v. National City Bank of NYSupreme Court of the United States · 1941
- Jamaica Savings Bank v. M. S. Investing Co.New York Court of Appeals · 1937
- Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
- Honeyman v. HananNew York Court of Appeals · 1937
- Reichert v. . StilwellNew York Court of Appeals · 1902
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3Cited by6 opinions
- Riverside National Bank v. ManolakisSupreme Court of Oklahoma · 1980
- Sanders v. PalmerNew York Court of Appeals · 1986
- Coppotelli v. Insurance Co. of North AmericaDistrict Court, E.D. New York · 1980
- Trustco Bank v. Pearl Mont Commons, LLCNew York Supreme Court · 2016
- O'Branski v. Tompkins County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1981
1 more not listed; retrieve them via the Exa API.