EAST RIVER SAV. BANK v. KIND


26 Misc.2d 584 (1960)

East River Savings Bank, Plaintiff, v. Jacob Kind et al., Defendants.

Supreme Court, Special Term, Nassau County.

January 13, 1960


Attorney(s) appearing for the Case

Samuel Weiss for Sophie Kind, defendant. Azreal A. Alpern, as Referee. Charles H. Ellner for B. Gertz, Inc., claimant. Bernard Remsen Millham & Bowdish for plaintiffs. Spero & Charnin for Jacob Kind, defendant.


FRANK A. GULOTTA, J.

These are three motions revolving about a claim to surplus moneys resulting from a foreclosure sale of property owned by a husband and wife as tenants by the entirety.

(1) As a claimant in the foreclosure action, the wife moves to confirm the report of sale and for payment of one half of the surplus to her immediately without the appointment of a Referee in surplus money proceedings...

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