ROSLYN SAV. BANK v. MERZ


13 A.D.2d 550 (1961)

Roslyn Savings Bank, Appellant-Respondent, v. Carl Merz et al., Defendants, and Warren Bates et al., Respondents-Appellants; and Joseph Bates, Sr., Appellant

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

March 27, 1961


Judgment modified on the law and the facts as follows: (1) by striking out from the fifth decretal paragraph the provision "and that to the extent of the sum of $1,550 the said vendees lien is prior and superior to the lien of the plaintiff, The Roslyn Savings Bank, for the amount due as aforesaid on the building loan agreement bond and mortgage herein"; (2) by substituting therefor provisions directing: (a) that the lien of plaintiff's mortgage, to the extent of $7,600,...

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