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SAV. BANK v. OAKWOOD CORP

88 Misc.2d 198 (1976)

City and County Savings Bank, Plaintiff, v. Oakwood Holding Corporation et al., Defendants. City and County Savings Bank, Plaintiff, v. Louis F. Hollenbeck et al., Defendants.

Supreme Court, Special Term, Chemung County.

February 25, 1976

Attorney(s) appearing for the Case

Personius, Cramer, Mustico & Sullivan (Richard P. Woodhouse of counsel), for Skil-Bilt Fence Co., Inc., defendant. Richard Mellenger for United States of America, defendant. Denton, Moseson & Keyser (Richard Denton of counsel), for Kenneth E. Hill, defendant. Jonathan Tell for Industrial Commissioner of State of New York, defendant. Alex T. La Brecque for Dick's Plumbing, Heating and Supply and others, defendants. David L. Teeter for Louis F. Hollenbeck, defendant. Robert A. Groff for Edward McDonald Excavating, Inc., defendant. Carmien, Young & Burtis (Donald C. Carmien of counsel), for plaintiff.

RICHARD F. KUHNEN, J.

This is an application for an order rejecting the referee's report in this mortgage foreclosure action. The report of sale filed April 5, 1975 listed $6,007.45 in surplus money. After allowance for a fee to the referee, the remaining balance would be available to creditors in accordance with the priorities of their liens. The referee's surplus money report filed April 24, 1975 rejected the claims of all but three of the creditors...

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