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ULSTER SAV BANK v. TOTAL COMM

55 A.D.2d 278 (1976)

Ulster Savings Bank, Respondent, v. Total Communities, Inc., et al., Defendants, and Bank Bros. Plumbing & Heating, Inc., et al., Appellants

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

December 30, 1976

Attorney(s) appearing for the Case

McClung, Peters & Simon (Phillip S. Arensberg of counsel), for Total Communities, Inc., and others, appellants.

St. John, Ronder & Bell (Samuel Kirschenbaum and Dreyer & Taub of counsel), for respondent.

SWEENEY, KANE and MAIN, JJ., concur in Per Curiam opinion; KOREMAN, P. J., and GREENBLOTT, J., dissent and vote to reverse in an opinion by GREENBLOTT, J.

Per Curiam.

Appellants are all holders of duly filed liens for services and materials furnished on property located in Kingston owned by defendant Roger E. Goodwin and/or defendant Total Communities, Inc. Respondent Ulster Savings Bank holds a building loan mortgage on the subject property pursuant to a building loan agreement dated November 17, 1972. On or about January 14, 1975 respondent began a foreclosure action against the property in which all of the...

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