COUNTY TRUST CO. v. MARMAN DEV. CORP.


10 A.D.2d 1003 (1960)

County Trust Company, Respondent, v. Marman Development Corporation et al., Defendants, and Harold Odell et al., Copartners Doing Business under the Name of C. & H. Odell, et al., Appellants

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

May 31, 1960


Order modified on the law: (1) by adding a decretal provision declaring the liens of said claimants to be superior to the lien of the plaintiff mortgagee upon said surplus moneys; (2) by amending the first decretal paragraph so as to provide that the Referee's report insofar as it makes a contrary determination, is disaffirmed and rejected; and (3) by amending accordingly the second, fourth and fifth decretal paragraphs. As so modified, the order is affirmed, with costs....

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