NIAGARA COUNTY SAV. BANK v. REESE


12 Misc.2d 489 (1958)

Niagara County Savings Bank, Plaintiff, v. Jacob Reese et al., Defendants.

County Court, Niagara County.

January 17, 1958.


Attorney(s) appearing for the Case

George M. Donohue for Louis De Nuccio.

John C. Broughton, Assistant United States Attorney, for United States of America.

Leonard J. Brizdle for Tontine Shops.

Hogan & Wattengel for Moyer Electric.

Bernard D. Levy for trustee in bankruptcy of Jacob Reese.


FRANK J. KRONENBERG, J.

In this surplus money proceeding incident to a mortgage foreclosure, the fund involved is $3,312.49 before referee's fee and costs and expenses of the proceeding.

Claimant De Nuccio, vendee under an executory contract of sale, which contract was cut off by the foreclosure of the superior mortgage, claims $2,900 paid the vendor, Reese, toward the purchase price and $500.82 for...

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