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ZIPPERER v. SIEGEL

48 Misc.2d 172 (1965)

Eugene P. Zipperer et al., Plaintiffs, v. Lillian W. Siegel et al., Defendants.

Supreme Court, Special Term, Suffolk County.

November 12, 1965

Attorney(s) appearing for the Case

Milligan, Reilly, Like & Schneider (Bernard J. Reilly of counsel), for Suffolk County Federal Savings & Loan Association, defendant. Housel & Mishkin for plaintiffs. George W. Percy, County Attorney, for County of Suffolk, defendant. Cowan, Liebowitz, Emanuel & Latman for Lillian Siegel, defendant. Oscar Murov for Town of Babylon, defendant.

JACK STANISLAW, J.

Relying upon the tolling of the Statute of Limitations, the defendant Suffolk County Federal Savings & Loan Association moves to dismiss this complaint.

In 1952 plaintiffs Zipperer obtained a mortgage from the defendant bank, and in connection with that transaction paid $10 to the bank to cover accrued or soon accruing real estate taxes on the property. Soon after the bank paid this sum to the tax receiver it was returned...

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