ELINOR HOMES CO. v. BON AIRE INDUS., INC.


71 A.D.2d 665 (1979)

Elinor Homes Company et al., Respondents, v. Bon Aire Industries, Inc., et al., Defendants, and Town of Clarkstown, Appellant

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

July 30, 1979


Order, as amended, reversed insofar as appealed from, with $50 costs and disbursements, and the matter is remitted to the Supreme Court, Rockland County, for a hearing in accordance herewith.

The plaintiffs mortgagees' right to foreclose is not disputed. The intervenor, Town of Clarkstown, seeks only to exempt from the lien of the mortgage under foreclosure a certain strip of land and to have it donated to the town for road purposes in accordance with the following...

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