ALLISON v. ROSLYN PLAZA, LTD.


58 A.D.2d 820 (1977)

Roger M. Allison et al., as Trustees of The Alison Mortgage Investment Trust, Respondents, v. Roslyn Plaza, Ltd., et al., Defendants, Federal Deposit Insurance Corporation, Respondent, and Ar-Lite Materials Corp., Appellant

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

July 11, 1977


Appeal from the decision dismissed. No appeal lies from a decision. Judgment affirmed.

Plaintiffs are awarded one bill of costs payable by appellant. Special Term correctly applied subdivision 2 of section 1371 of the Real Property Actions and Proceedings Law to arrive at the proper amount due and owing to the plaintiffs-respondents (see Clarke v Schumann, 269 N.Y. 60). Furthermore, since the amount of the indebtedness of the mortgagor exceeded the amount for...

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