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SIBLEY REALTY CORP. v. SCHWAB

11 Misc.2d 997 (1958)

Sibley Realty Corporation, Plaintiff, v. George J. Schwab et al., Defendants.

Supreme Court, Special Term, Monroe County.

July 8, 1958.

Attorney(s) appearing for the Case

Alfred G. Boylan for plaintiff.

Erwin N. Witt for Louis Tumia, Doing Business as Norton Plumbing Co., and others.

John W. Branch for Charles R. Skinner.

Michael Privitera for George C. Miller Brick Co. Inc.

James R. Anderson for John H. Apetz.

Sanford J. Liebschutz for Bernard T. Weber.

Donald J. Corbett for William J. Frank, as trustee in bankruptcy for George J. Schwab, defendant.

CARROLL M. ROBERTS, J.

This is a mortgage foreclosure action in which, pursuant to a judgment of foreclosure and sale, the premises were sold on August 16, 1957, which sale resulted in a surplus of $10,073.50 and which sum was deposited with the Treasurer of Monroe County on September 26, 1957. On the same day the Referee's report of sale was filed.

No motion to confirm the Referee's report of sale was...

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