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O'BRIEN v. EMPIRE DISC. CORP.

25 A.D.2d 484 (1966)

Robert E. O'Brien, Respondent, v. Empire Discount Corporation, Appellant, et al., Defendants

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

January 20, 1966

Judgment affirmed, without costs of this appeal to any party.

All concur, except Williams, P. J., and Goldman, J., who dissent and vote for reversal in the following Memorandum:

Equity and fairness require that the amount received from the condemnation of a portion of the property covered by the Empire Discount Corporation mortgage should have been applied in reduction of the first mortgage. (See Muldoon v. Mid...

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