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BRANCH BANKING AND TRUST CO. v. MYRTHIL

2020-02695. Index No. 9867/15.

208 A.D.3d 445 (2022)

171 N.Y.S.3d 361

2022 NY Slip Op 04784

Branch Banking and Trust Company, Appellant, v. Alan Myrthil, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 3, 2022.

Attorney(s) appearing for the Case

Lacy Katzen, LLP, Rochester, NY (Michael J. Wegman of counsel), for appellant.

Dillon, J.P., Roman, Maltese and Dowling, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion for summary judgment on the complaint is granted.

In February 2009, the defendant, by power of attorney, executed a note in favor of the plaintiff in the sum of $136,000. In March 2015, the plaintiff commenced this action to recover on the note, alleging that the defendant had failed to make the payments due in...

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