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HOME FED. SAV. & LOAN ASS'N v. HEIGHTS

56 A.D.2d 909 (1977)

Home Federal Savings and Loan Association, Plaintiff, v. Four Star Heights et al., Respondents, and Francis Scaringi, Jr., et al., Appellants. (Action No. 1.) Home Federal Savings and Loan Association, Plaintiff, v. Four Star Heights et al., Respondents, and Francis Scaringi, Jr., Appellant. (Action No. 2.) Home Federal Savings and Loan Association, Plaintiff, v. Four Star Heights et al., Respondents, and Elizabeth Pfister, Appellant. (Action No. 3.)

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

March 28, 1977

Orders reversed insofar as appealed from, on the law, and proceedings remanded to Special Term for a de novo hearing and a new determination, with costs to abide the event.

Special Term's telephone conversation with the missing witness, whose testimony on the issues (as correctly stated by the court) "would have shed considerable light", wherein the caller stated that he would not testify because there had been threats...

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