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MONROE SAV. BK. v. FIRST NAT. BK.

50 A.D.2d 314 (1976)

Monroe Savings Bank, Plaintiff, v. First National Bank of Waterloo, Appellant; Tri-Bro Supply Co., Inc., et al., Respondents

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

January 9, 1976

Attorney(s) appearing for the Case

Bonney & Nicit (Sam C. Bonney of counsel), for appellant.

Sheldon G. Kall for Tri-Bro Supply Co., Inc., respondent.

Joseph G. Caito for Gersh Electrical Supplies, Inc., respondent.

Robert E. Horton for Charles L. Camp, respondent.

MARSH, P. J., MOULE, SIMONS and WITMER, JJ., concur.

CARDAMONE, J.

This is an appeal from an order of the Supreme Court, Seneca County confirming the report of a referee in a surplus money proceeding following a mortgage foreclosure and sale. On appeal appellant, the First National Bank of Waterloo (Bank), contends that the confirmation order incorrectly granted priority to five mechanics' liens filed after the Bank's second mortgage and further erroneously granted...

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