Trustco Bank v. Labriola

Appeal from an order of the Supreme Court (Teresi, J.), entered October 1, 1996 in Albany County, which, inter alia, granted plaintiffs motion for summary judgment.

At all times relevant to this appeal, plaintiff held a second mortgage upon certain real property owned by defendants located in the Town of Colonie, Albany County. In November 1995, defendants defaulted upon their obligations under the mortgage, prompting plaintiff to commence this foreclosure action. Following joinder of issue, plaintiff moved for, inter alia, summary judgment and defendants cross-moved for, inter alia, summary…