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(DOWNLOAD) "Marine Midland Bank v. Jerry Hamam" by Supreme Court of New York # eBook PDF Kindle ePub Free

Marine Midland Bank v. Jerry Hamam

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eBook details

  • Title: Marine Midland Bank v. Jerry Hamam
  • Author : Supreme Court of New York
  • Release Date : January 23, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

Order and judgment unanimously reversed, with costs, and motion denied. Memorandum: Defendants Jerry Hamam, Inc., Jadallah Hamam, also known as Jerry Hamam, and Carol Hamam appeal from an order and judgment which granted plaintiffs motion for summary judgment dismissing their counterclaim as time barred (see CPLR 214). The complaint seeks foreclosure of mortgages given by the individual defendants Hamam as collateral security for business loans made by plaintiff to the corporate defendant Jerry Hamam, Inc., under a financing agreement between plaintiff and said corporate defendant. The business loans were for the purpose of enabling the corporate defendant to purchase automobiles for resale, and were secured by security agreements upon the personalty of the corporate defendant. The complaint alleges that the corporate defendant defaulted under the financing agreements; that plaintiff foreclosed under the security agreements and took possession of the corporate defendants accounts receivable, sold its chattels at public auction, and that there remains a deficiency for which the foreclosure of the real estate mortgages is demanded. Defendants pleaded a number of affirmative defenses which then were incorporated into [96 A.D.2d 1137 Page 1138]


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