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MECHS. EXCH. SAV. BK. v. CHESTERFIELD

34 A.D.2d 111 (1970)

Mechanics Exchange Savings Bank, Appellant, v. William A. Chesterfield et al., Defendants, and Lawrence T. Brownsey, Respondent

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

April 23, 1970.

Attorney(s) appearing for the Case

Newton B. Van Derzee, Jr. (Medwin & McMahon, by Edward A. McMahon of counsel), for appellant.

Bookstein, Zubres & D'Agostino (William J. Hoblock of counsel), for respondent.

HERLIHY, P. J., REYNOLDS, GREENBLOTT and SWEENEY, JJ., concur.

COOKE, J.

This is an appeal from an order of the Supreme Court at Special Term, entered September 2, 1969 in Albany County, which denied a motion to direct the purchaser at a foreclosure sale to complete the transaction.

Defendants William A. Chesterfield and Kathryn M. Chesterfield, by executing a deed in 1960, assumed payment of a mortgage given by their grantors to plaintiff, as recorded in the Albany...

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