JAMAICA SAV. BANK v. TOOMEY


77 Misc.2d 887 (1974)

Jamaica Savings Bank, Plaintiff, v. Edward P. Toomey et al., Defendants.

Supreme Court, Special Term, Queens County.

April 23, 1974


Attorney(s) appearing for the Case

Renander, Monaghan & Renander for plaintiff. Edward P. Toomey, defendant in person. Alice B. Toomey, defendant in person.


MOSES M. WEINSTEIN, J.

In this action to foreclose a mortgage on real property, plaintiff moves to confirm the report of the referee only as to the amount found due for principal on the bonds, mortgages and extension agreement and to disaffirm the computation of interest at the rate of 6%. Plaintiff also seeks a "declaration" that CPLR 5004 is unconstitutional "concerning the rights of the plaintiff as they...

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