FIRST FED. SAV. & LOAN v. McKEE


61 Misc.2d 693 (1969)

First Federal Savings and Loan Association of Port Washington, Plaintiff, v. Richard J. McKee et al., Defendants.

Supreme Court, Special Term, Nassau County.

November 13, 1969


Attorney(s) appearing for the Case

Morris Rochman, Referee. Louis J. Lefkowitz, Attorney-General (Samuel Stern of counsel), for State Industrial Commissioner. Zalkin & Cohen for First National City Bank, defendant. Louis Sweet for Charles Solomon.


BERNARD S. MEYER, J.

This motion to confirm the report of the Referee in surplus money proceedings raises issues concerning (1) the rate of interest to be paid to the holder of a second mortgage, which is conceded to be entitled to priority in payment over the other objectants, (2) the priority between the purchaser at an execution sale held August 12, 1968 pursuant to judgment entered December 5, 1967 and the...

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