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SKANEATELES SAV. BANK v. HEROLD

50 A.D.2d 85 (1975)

Skaneateles Savings Bank, Plaintiff, v. Joseph R. Herold, Sr., et al., Defendants. Metropolitan Bank of Syracuse, Appellant, and Donald M. Fisher, as Executor of Bernard Fisher, Deceased, et al., Respondents

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

December 12, 1975

Attorney(s) appearing for the Case

Costello, Cooney & Fearon (Donald Nicholas of counsel), for appellant.

Donald M. Fisher, pro se (Frank M. Klinger of counsel), for respondents.

MARSH, P. J., MOULE, DEL VECCHIO, and WITMER, JJ. concur.

GOLDMAN, J.

Metropolitan Bank of Syracuse, New York (Metropolitan) appeals from an order of Onondaga County Special Term which determined that respondents, the Fishers, had a second mortgage upon certain real property and that Metropolitan's mortgage on the same property was junior and subordinate to the Fisher mortgage. The action was brought by the Skaneateles Savings Bank (Skaneateles) to foreclose its first...

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