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BODNER v. BRICKNER

29 A.D.2d 441 (1968)

Bernard Bodner et al., Plaintiffs, v. Herman L. Brickner et al., Appellants; Computer Realty Corp. et al., Respondents-Appellants; O. H. Talmud Maruba, Inc., et al., Respondents

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

March 21, 1968.

Attorney(s) appearing for the Case

William L. Messing of counsel (McLaughlin, Fougner & Messing, attorneys), for Herman L. Brickner and another, appellants.

Bernard J. Meislin of counsel (Benjamin Massey, attorney), for Computer Realty Corp., respondent-appellant.

John F. X. Hassett of counsel (Henry N. Rapaport with him on the brief; Rapaport Brothers, attorneys), for Stella Fread, respondent.

Irwin Heimowitz of counsel (Fischer, Heimowitz & Rosenberg, attorneys), for O. H. Talmud Maruba, Inc., respondent.

STEVENS, J. P., EAGER, TILZER and RABIN, JJ., concur.

STEUER, J.

This is a surplus money proceeding following the foreclosure of a mortgage. The property in question is located at 3500 Hull Avenue, The Bronx, and has been referred to as the Hull Avenue property. Six parties appeared in the surplus money proceedings. Of these the claim of Irving Rapaport is undisputed. The claim of Computer Realty Corp., the former owner of the property, is only to any balance that...

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