SASARIO v. CALO


63 Misc.2d 534 (1970)

Dan Sasario, Plaintiff, v. Frank Calo et al., Defendants.

Supreme Court, Special Term, Onondaga County.

June 3, 1970


Attorney(s) appearing for the Case

Aloi, Grasso & Vecchio for plaintiff. Deegan, Dettor, Murphy & Dadey for Alvin Gwilt, defendant. Hiscock, Cowie, Bruce, Lee & Mawhinney for First Trust & Deposit Co., defendant. Hancock, Estabrook, Ryan, Shove & Hust for Eastern Planned Incomes, Inc., and another, defendants. Yaffe & Yaffe for U-Auto-Lease, Inc., defendant. Crystal, Manes & Rifken for Watt Truck Rental, Inc., defendant.


JOHN R. TENNEY, J.

The defendants in the above foreclosure action claim an interest in the surplus moneys arising from the sale of the mortgaged premises. They now ask the court pursuant to section 1361 of the Real Property Actions and Proceedings Law to determine the amount due to the respective judgment creditors and to make distribution of the surplus. The judgment creditors are of two types. The first group...

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