COMPTROLLER v. GARDS REALTY


68 A.D.2d 186 (1979)

Comptroller of the State of New York, as Trustee of The Common Retirement Fund, Appellant-Respondent, v. Gards Realty Corp. et al., Defendants, and Congregation Tifereth Israel of Glen Cove, Respondent-Appellant

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

May 28, 1979


Attorney(s) appearing for the Case

Alan N. Worby (Herman L. Pedowitz and Bruce J. Bergman of counsel), for respondent-appellant.

Delson & Gordon and Dewey, Ballantine, Bushby, Palmer & Wood (George Halpern of counsel), for appellant-respondent.

DAMIANI, J. P., TITONE, MARGETT and MANGANO, JJ., concur.


Per Curiam.

Plaintiff seeks to foreclose consolidated mortgages. The cross appeals are from an order of the Supreme Court, Nassau County, which denied plaintiff's motion for summary judgment and failed to grant summary judgment to the defendant congregation. The order should be reversed and summary judgment granted to the plaintiff.

In 1955 Congregation Tifereth Israel of Glen Cove acquired a large tract of...

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