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FRANCONIA VIL. COOP. v. LINCOLN SAV. BK.

33 Misc.2d 540 (1961)

Franconia Village Cooperative, Inc., Plaintiff, v. Lincoln Savings Bank of Brooklyn, Defendant.

Supreme Court, Trial Term, Queens County.

December 5, 1961

Attorney(s) appearing for the Case

Golden, Wienshienk, Rosenthal & Mandel (Albert J. Rosenthal of counsel), for plaintiff. Corner, Weisbrod, Froeb & Charles (John H. Flinn, Frederick Weisbrod and Mario Matthew Cuomo of counsel), for defendant.

JAMES J. CRISONA, J.

This action for money had and received was tried pursuant to an agreed statement of facts.

Plaintiff, a residential housing co-operative, owns and operates a development of three six-story apartment buildings situated in Queens County. In May, 1952 plaintiff, through its promoters, obtained from the defendant bank a commitment for a Federal Housing Administration insured mortgage...

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