Bono v. Cucinella
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover amounts due under a mortgage brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered January 12, 2001, which, after a nonjury trial, dismissed the action.
Ordered that the judgment is affirmed, with costs.
Salvatore Bono and Linda Bono, administrators of the Estate of Antonio Bono (hereinafter the Estate) commenced this action to recover amounts due under a mortgage. The defendants asserted the affirmative defense of waiver, arguing that the…
2Cases cited7 opinions
- Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
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- Hadden v. Consolidated Edison Co.New York Court of Appeals · 1978
- Matisoff v. DobiNew York Court of Appeals · 1997
- Kimco of New York, Inc. v. DevonAppellate Division of the Supreme Court of the State of New York · 1990
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