Central National Bank v. Thorington

Appeal from an order of the Supreme Court at Special Term (Pennock, J.), entered October 23, 1984 in Schoharie County, which denied plaintiff’s motion for a protective order.

Defendants are the principals of a corporation which oh*830tained a $20,000 mortgage loan from plaintiff, upon which both defendants executed a written guarantee dated December 27, 1973. Concomitantly, the corporation obtained another mortgage from John C. Fick and his wife in the sum of $46,000. Thereafter, plaintiff, as assignee of the Fick mortgage, obtained a default judgment against the corporation by stipulation in open…