DIME SAV. BANK v. SHERMAN


64 Misc.2d 457 (1970)

Dime Savings Bank of Brooklyn, Plaintiff, v. Edward Sherman et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 21, 1970


Attorney(s) appearing for the Case

Mullooly, Jeffrey & Rooney and Holman & Rosenberg for claimants. Edward R. Neaher, United States Attorney, for United States of America.


BERNARD S. MEYER, J.

This motion seeks confirmation of a report of sale in mortgage foreclosure dated November 7, 1969, and an order directing payment of the $10,551.59 surplus to movant. Though the motion is made more than four months after the report and is, therefore, untimely (Real Property Actions and Proceedings Law, § 1355, subd. 2) that irregularity will be disregarded absent any showing of prejudice...

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