Marine Midland Bank v. Connelly

Order unanimously reversed, without costs, and matter remitted to Supreme Court, Onondaga County, for further proceedings, in accordance with the following memorandum: Plaintiff creditor seeks to recover on a secured note. Special Term granted it summary judgment on liability only *1103and referred the matter for proof of damages. After trial on that issue, the court held that plaintiff had impliedly elected to take the property securing the note in full satisfaction of the debt and it awarded plaintiff judgment for costs and attorney’s fees only. We agree with the court that plaintiff took…