New York TRW Title Insurance v. Wade's Canadian Inn & Cocktail Lounge, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Crew III, J.
A more detailed statement of facts may be found in this Court’s prior decision in this matter (199 AD2d 661). Briefly, plaintiffs assignor loaned a sum of money to defendant Wade’s Canadian Inn and Cocktail Lounge, Inc., one of defendant Robert Rastelli’s corporations, for the purchase of certain real property. The note, mortgage and loan agreement all named Wade’s as the borrower, but the deed to the property was issued to Rastelli individually. Hence, the net effect of the transaction was that the loan made by plaintiffs assignor to Wade’s was secured by property that Wade’s…
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