NAT. BANK & TRUST v. RICKARD


57 A.D.2d 156 (1977)

National Bank and Trust Company of Norwich, Plaintiff, v. Helene A. Rickard, Appellant; Blind Work Association, Inc., et al., Respondents

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

April 28, 1977


Attorney(s) appearing for the Case

Robert R. Clobridge for appellant.

Hinman, Howard & Kattell (Howard M. Rittberg of counsel), for Blind Work Association, Inc., respondent.

Wiggins, Tsapis, Holmberg & Gersh (Dirk A. Galbraith of counsel), for Estate of Elizabeth N. Cannon, deceased, respondent.

KOREMAN, P. J., KANE, MAHONEY and LARKIN, JJ., concur.


SWEENEY, J.

We are here concerned with an application seeking confirmation of a Referee's report in a mortgage foreclosure action. The facts are not in dispute. J. Leland Rickard and his wife, Helene, were the owners as tenants by the entirety of a parcel of real property which was mortgaged to the plaintiff bank. The property was sold in foreclosure, resulting in substantial surplus moneys. About two months...

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