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ONONDAGA SAV BK v. WAGNER

101 Misc.2d 109 (1979)

Onondaga Savings Bank, Plaintiff, v. Rosemary Wagner et al., Defendants.

Supreme Court, Onondaga County.

September 25, 1979.

Attorney(s) appearing for the Case

Scott, Sardano & Pomeranz (J. Alexander Davidson of counsel), for A. J. Kalil. Mackenzie Smith Lewis Michell & Hughes (Richard B. MacFarland of counsel), for plaintiff. Domenic R. Urciuoli, defendant pro se. Melvin & Melvin for Merchants Bank, defendant.

EDWARD F. McLAUGHLIN, J.

This is a motion by purchasers at a foreclosure sale for an abatement of the purchase price from $60,000 to $53,007.60 on the ground that the property was partially destroyed subsequent to the date of purchase, June 29, 1979, and prior to the date of closing.

Plaintiff, the mortgagee of the property, cross-moves for a resale of the premises, a hearing to determine actual damages...

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