MORGAN v. ELLENVILLE SAV. BANK


55 A.D.2d 178 (1976)

Benjamin Morgan et al., Respondents, v. Ellenville Savings Bank, Appellant

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

December 23, 1976


Attorney(s) appearing for the Case

Kaiser, Murray & Traficanti (Douglas Jesse Hunt and Charles F. Kaiser, Jr., of counsel), for appellant.

Goldstein & Goldstein (Benjamin Goldstein of counsel), for respondents.

KOREMAN, P. J., GREENBLOTT, SWEENEY and KANE, JJ., concur.


MAHONEY, J.

The defendant Ellenville Savings Bank granted plaintiffs a mortgage in the sum of $15,000 in October, 1965 secured by premises in the Town of Bethel, Sullivan County. The plaintiffs defaulted in November, 1967 and in February, 1968 the bank commenced an action of foreclosure. On August 22, 1968, during the pendency of the foreclosure action and prior to the entry of judgment of foreclosure and sale...

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