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FIRST FED. SAV. ASSN. v. GREEN-ACRES CORP.

38 Misc.2d 149 (1963)

First Federal Savings and Loan Association of Rochester, Plaintiff, v. Green-Acres Building Corp., et al., Defendants.

County Court, Monroe County.

January 25, 1963

Attorney(s) appearing for the Case

Robinson, Williams & Brown (Chad Robinson of counsel), for plaintiff. Herman Kestenblatt for Leonid G. Garth, defendant.

GEORGE D. OGDEN, J.

Plaintiff seeks to foreclose a certain open-end mortgage given by the mortgagor builder to secure voluntary future advances; the advancement of moneys under the said mortgage was discretionary with the plaintiff lending institution. After the plaintiff disbursed $7,440 of the funds available, the mortgagor builder executed a second mortgage which was subsequently assigned to and is now held...

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