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ALAIMO v. FIRST FED. SAV. & LOAN ASS'N OF ROCHESTER

42 N.Y.2d 1030 (1977)

James V. Alaimo, Respondent, v. First Federal Savings and Loan Association of Rochester, Appellant.

Court of Appeals of the State of New York.

Decided October 4, 1977.

Attorney(s) appearing for the Case

Dirk S. Adams for appellant.

Richard S. Mayberry for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order affirmed, with costs, on the opinion by Presiding Justice JOHN S. MARSH at the Appellate Division (52 A.D.2d 251). Moreover, the underlying debt having been extinguished by the acquisition of the premises by defendant at the foreclosure sale as a result of its successful bid for an amount equal to the entire balance due (Whitestone Sav. & Loan Assn. v Allstate Ins. Co.,

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