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WHITESTONE SAV. & LOAN ASS'N v. MORING

286 A.D. 1042 (1955)

Whitestone Savings and Loan Association, Respondent, v. Aubrey Moring et al., Defendants, and Doris Futterman, Appellant. (Action No. 1.) Doris Futterman, Appellant, v. Aubrey C. Moring et al., Defendants, and Whitestone Savings and Loan Association, Respondent. (Action No. 2.)

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

October 31, 1955.

Order modified by striking therefrom the first decretal paragraph and by inserting in the second decretal paragraph, after the word "dismissed", the words "as against Whitestone". As so modified, order unanimously affirmed, without costs.

Appellant is entitled to proceed with her action to foreclose her mortgage, subject to Whitestone's superior lien for the amounts of the aforesaid two mortgages at the time they were paid...

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