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BUFFALO SAV. BANK v. VICTORY

11 A.D.2d 158 (1960)

Buffalo Savings Bank, Respondent, v. Beverly Victory, Individually and as Administratrix of The Estate of Joseph B. Victory, Deceased, et al., Defendants, and United States of America, Appellant

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

July 1, 1960.

Attorney(s) appearing for the Case

Neil R. Farmelo, Acting United States Attorney (William Schapiro of counsel), for appellant.

Little & Burt (John H. Little of counsel), for respondent.

Moot, Sprague, Marcy & Gulick for Erie County Savings Bank, amicus curiæ.

Present — WILLIAMS, P. J., BASTOW, GOLDMAN, HALPERN and McCLUSKY, JJ.

Per Curiam.

The direction in the judgment of foreclosure that the mortgaged premises be sold "subject to all local real estate taxes, assessments and water rates, which are or may become liens on the premises at the time of the sale" is not a proper direction under the circumstances of this case. Under section 1087 of the Civil Practice Act, local real estate taxes, assessments and water rates which are liens upon...

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