DOLLAR FED. SAV. & LOAN ASS'N v. HERBERT KALLEN, INC.


66 A.D.2d 793 (1978)

Dollar Federal Savings and Loan Association et al., Appellants, v. Herbert Kallen, Inc., et al., Respondents, et al., Defendant

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

December 11, 1978


Appeal from order dated July 25, 1977, dismissed. No appeal lies from an order made upon reargument of a decision. Order dated October 31, 1977 reversed insofar as appealed from, on the law, and the insurance proceeds paid to the plaintiffs are not to be applied to reduce the amount of the mortgage. The plaintiffs are awarded one bill of $50 costs and disbursements to cover both appeals.

On August 24, 1964 the corporate defendant mortgaged property located at 1101...

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