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BUFFALO SAV. BANK v. VICTORY

26 Misc.2d 443 (1960)

Buffalo Savings Bank, Plaintiff, v. Beverly Victory, Individually and as Administratrix of The Estate of Joseph B. Victory, Deceased, et al., Defendants.

County Court, Erie County.

October 18, 1960

Attorney(s) appearing for the Case

Little & Burt (John F. Little of counsel), for plaintiff. John O. Henderson, United States Attorney (William I. Shapiro and Donald O'Connor of counsel), for United States of America, defendant. Evan E. James, as designated attorney for Duane B. Victory, in military service, and as guardian ad litem for Marilyn M. Victory, defendants. Moot, Sprague, Marcy & Gulick (Thomas G. Rickert of counsel), for Erie County Savings Bank, amicus curiæ.

BURKE I. BURKE, J.

The plaintiff Buffalo Savings Bank and the defendant United States of America have appeared before this court on the return day of a motion made by plaintiff for a resettled judgment of foreclosure and sale. A review of the prior proceedings in this matter may serve to clarify the issues presented.

The action was started by plaintiff in October, 1958 to foreclose a first mortgage....

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