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MATTER OF LEDERMAN

7 A.D.2d 561 (1959)

In the Matter of the Application of Harry Lederman and Another, for an Order Canceling and Discharging a Certain Mortgage. Burr Hornbeck, as Administrator of The Estate of Florence S. Hornbeck, Deceased, Appellant; Leona S. Damanda et al., Respondents

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

April 23, 1959.

Attorney(s) appearing for the Case

Krieger & Scheinman, attorneys (Charles H. Burger with them on the brief), for appellant.

Phillips, Heaney & Schofield, attorneys (Normington Schofield of counsel), for respondents.

FOSTER, P. J., BERGAN, COON and HERLIHY, JJ., concur.

GIBSON, J.

Upon this appeal we review an order of the County Court of Sullivan County which directed the payment of a deposit theretofore made in satisfaction of a mortgage, pursuant to section 333-b of the Real Property Law, The issue is as to the construction of subdivision 5 of that section.

The mortgage was executed in 1944 to four individuals. There is evidence...

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