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DRY DOCK SAV. v. FOREST PARK COOP.

29 Misc.2d 125 (1958)

Dry Dock Savings Bank, Plaintiff, v. Forest Park Cooperative, Inc., Section 2, et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

March 31, 1958

Attorney(s) appearing for the Case

Frederick E. M. Ballon and Robert Linne for Forest Park Cooperative, Inc., Section 2, defendant. Dreyer & Traub (Sylvan D. Freeman of counsel), for Markel Construction Corp., Section 2, defendant. Davis, Polk, Wardwell, Sunderland & Kiendl for plaintiff.

SAMUEL C. COLEMAN, J.

This is a controversy between owner (Forest Park) and contractor (Markel).

Following a commitment by the Federal Housing Administration to insure a mortgage under section 213 of the National Housing Act (U. S. Code, tit. 12, § 1715e), a banking institution entered into a building loan agreement with Forest Park as owner and Forest Park entered into a construction contract with Markel. Construction work was done and Markel...

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