Legal Opinion

Carella v. Scholet

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

Decided March 25, 2004PublishedCited by 6 opinions

1Opinion of the CourtCrew Iii, J.

Appeal from a judgment of the Supreme Court (McNamara, J.), entered September 4, 2003 in Albany County, which partially granted defendants’ motions for summary judgment dismissing the complaint.

Defendants Richard L. Scholet and Jean R. Scholet were the owners of a building on Main Street in the Town of Cobleskill, Schoharie County, out of which they operated a furniture business. In 1979, the Scholets borrowed $450,000 from Marine Midland Bank subject to a mortgage and used the proceeds to renovate the Main Street building. When the furniture business began experiencing financial difficulties…

2Cases cited5 opinions

  1. Riviera Congress Associates ex rel. Lewy v. YasskyNew York Court of Appeals · 1966
  2. Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
  3. Lanier v. BowdoinNew York Court of Appeals · 1939
  4. Chamberlain v. AmatoAppellate Division of the Supreme Court of the State of New York · 1999
  5. Hopper v. LockeyAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by6 opinions

  1. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
  2. Clancy v. KingCourt of Appeals of Maryland · 2008
  3. Carella v. ScholetAppellate Division of the Supreme Court of the State of New York · 2006
  4. Polner v. Monchik Realty Co.New York Supreme Court · 2005
  5. Clancy v. KingCourt of Appeals of Maryland · 2008

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