Evergreen Bank, N.A. v. Phaneuf

Appeal from that part of an order of the Supreme Court (Ryan, Jr., J.), entered October 31, 1996 in Clinton County, which denied plaintiff’s motion to strike the counterclaims of defendant Andrew M. Phaneuf and defendant John C. Fitzpatrick.

Defendant Pamela I. Phaneuf executed a note in the amount of $250,000 in favor of plaintiff which was collaterally secured by a mortgage on three parcels of property located in the City of Plattsburgh, Clinton County, owned by Pamela I. Phaneuf, defendant Andrew M. Phaneuf (hereinafter Phaneuf) and defendant John C. Fitzpatrick. In May 1995, plaintiff…