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MATTER OF EMPIRE DISC. v. O'BRIEN

22 A.D.2d 1 (1964)

In the Matter of Empire Discount Corporation, Respondent, v. Robert E. O'Brien, Appellant

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

October 22, 1964.

Attorney(s) appearing for the Case

Warren, Case, Weingartner & Yorks (James H. Boomer of counsel), for appellant.

Relin, Relin & Celona (Nathan Relin of counsel), for respondent.

WILLIAMS, P. J., GOLDMAN, HENRY, NOONAN and DEL VECCHIO, JJ., concur.

Per Curiam.

On March 6, 1963 Special Term granted an order directing appellant O'Brien, as holder of a mortgage which is a lien on property owned by respondent Empire, to execute an assignment thereof pursuant to the provisions of section 275 of the Real Property Law, without determining the amount due on the mortgage.

The mortgage in question was executed in 1955 to secure the payment of $150,000 and was a first...

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