Appellate Division of the Supreme Court of the State of New York July 27, 1995 (Melino v. National Grange Mutual Insurance)

OPINION OF THE COURT

Crew III, J.

On June 30, 1989, plaintiff purchased a two-family dwelling located in the City of Albany. The purchase was subject to a first mortgage given to Norstar Mortgage Corporation, which ultimately was assigned to National State Bank, an apparent predecessor in interest to CoreStates New Jersey National Bank (hereinafter the Bank), and plaintiff obtained a fire