BEACH v. FRESHT PROPS. CORP.


35 A.D.2d 1041 (1970)

Thomas C. Beach, Jr., Respondent, v. Fresht Properties Corp. et al., Defendants, and J. Radley Metzger, Appellant

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

December 21, 1970


The mortgage sought to be foreclosed was given by Fresht Properties Corp. to plaintiff, was dated May 28, 1968 and was recorded in the St. Lawrence County Clerk's office on June 13, 1968 at 10:26 A.M. A deed covering the same premises, from said mortgagor to appellant, was dated May 23, 1968 and recorded in said office on the same day as the mortgage but eight minutes thereafter. There is proof of mailing the mortgage and three deeds to the mortgagor to the County Clerk's...

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