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BRODATZ v. ENGELMANN

31 A.D.2d 634 (1968)

Philip Brodatz et al., Appellants, v. Herbert J. Engelmann et al., Defendants. Sherman Hollander, as Executor of Max W. Hollander, Deceased, Respondent

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

December 9, 1968

As so modified, order affirmed, without costs.

In our opinion, the record does not support a finding of waiver by plaintiffs of interest awarded in the judgment of foreclosure and sale. The record does support a finding, however, that plaintiffs agreed to look to the fund in the hands of the receiver of rents appointed at their instance for payment of accrued interest and the tax payment...

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