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NINTH SAV. & LOAN ASSN. v. THUNA

36 Misc.2d 742 (1962)

Ninth Federal Savings and Loan Association of New York City, Plaintiff, v. Martin G. Thuna et al., Defendants.

Supreme Court, Special Term, Queens County.

September 20, 1962

Attorney(s) appearing for the Case

Harry Nassberg for plaintiff. Kalb & Rosenfeld for Barbara D. Thuna, defendant. Henry C. Frey, as special guardian for Martin G. Thuna and another, defendants. Irving Shultz for Regent Discount Corp., claimant. James J. Gresser, in person, as Referee.

LESTER HOLTZMAN, J.

In a surplus money proceeding the claimant Regent Discount Corp. moves to confirm the Referee's report and findings.

The surplus moneys arose out of the sale of realty owned by the defendants Martin G. Thuna and Barbara Diane Thuna as tenants by the entirety, pursuant to a judgment of foreclosure. Regent Discount Corp. is the owner of a second mortgage on the said premises. This mortgage...

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