ZELNICK v. KINGS COUNTY SAV. BANK


30 Misc.2d 886 (1961)

Allan Zelnick, Plaintiff, v. Kings County Savings Bank, Defendant.

Supreme Court, Special Term, New York County.

June 12, 1961


Attorney(s) appearing for the Case

Dreyer & Traub (Samuel Kirschenbaum of counsel), for defendant. Robert E. Burns for plaintiff.


HENRY EPSTEIN, J.

Defendant moves for dismissal of the complaint for legal insufficiency. It is alleged that at the time plaintiff took and recorded his second mortgage, defendant's first mortgage was reduced to the sum of $18,500. His mortgage provided: "This mortgage is subject and subordinate to a mortgage presently held by the Kings County Savings Bank in the reduced sum of approximately $18,500.00 with...

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