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FIRST FED. SAV. v. BURDETT AVE. PROPS.

41 A.D.2d 356 (1973)

First Federal Savings and Loan Association of Rochester, Plaintiff, v. Burdett Avenue Properties, Inc., et al., Defendants; Sandy's Upstate Building Supply, Inc., et al., Respondents; V. Zappala & Co., Inc., Appellant

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

May 3, 1973.

Attorney(s) appearing for the Case

George A. Roland for appellant.

DiFabio & Couch for Valente Gravel, Inc., and another, defendants.

Charles R. Rinaldo for Burdett Avenue Properties, Inc., defendant.

Lee, LeForestier & Frost (Jerome Frost of counsel), for Sandy's Upstate Building Supply, Inc., and others, respondents.

Bartle, McGrane, Duffy & Murray (Edward M. Murray of counsel), for Collins Lumber Corp., respondent.

STALEY, JR., J. P., COOKE, SWEENEY and KANE, JJ., concur.

MAIN, J.

This is an appeal from an order of the Supreme Court at Special Term, entered December 15, 1972 in Rensselaer County.

The underlying action herein is an action by First Federal to foreclose a mortgage upon property owned by Burdett Avenue Properties, Inc. Prior to closing of the mortgage with plaintiff, a number of subcontractors involved in this project, including respondents, had filed mechanic...

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