Legal Opinion
Empire of America Realty Credit Corp. v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 1996PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs, motion granted, judgment of foreclosure and sale dated September 27, 1995 vacated and complaint against defendant Elsie Smith dismissed. Memorandum: Plaintiff, as assignee of Resolution Trust Company, the receiver for Erie County Savings Bank, commenced this action to foreclose on a mortgage executed by George J. Dotterweich, Jr., and Elizabeth A. Dotterweich and assumed by Elsie Smith (defendant) and Lum Smith, defendant’s former husband. The mortgage covers property located at 471 Brantwood Road, Amherst, New York (mortgaged premises).…
2Cases cited5 opinions
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- Gager v. WhiteNew York Court of Appeals · 1981
- Royal Zenith Corp. v. Continental InsuranceNew York Court of Appeals · 1984
- Potamianos v. Convenient Food Mart, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Greenpoint Savings Bank v. MioneAppellate Division of the Supreme Court of the State of New York · 1995
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