COPP v. SANDS POINT MARINA, INC.


21 A.D.2d 824 (1964)

Alfred H. Copp et al., Appellants, v. Sands Point Marina, Inc., Respondent

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

June 24, 1964


Order reversed, with $10 costs and disbursements, and plaintiffs' motion for summary judgment granted, without prejudice to defendant's future right to a refund of the amount equal to the difference between the statutory 4% interest rate payable in the condemnation proceeding and the contract 5% rate payable under the mortgage note, in the event that plaintiffs hereafter should obtain payment of the debt or interest thereon from the condemnation award. The material facts...

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