WALTER v. STATE BANK


73 A.D.2d 406 (1980)

Noel Walter et al., Appellants, v. State Bank of Albany et al., Respondents

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

April 3, 1980


Attorney(s) appearing for the Case

Curtis, Warren & Fori (James W. Warren of counsel), for appellants.

McNamee, Lochner, Titus & Williams, P. C. (Stephen Reynolds of counsel), for respondents.

SWEENEY and KANE, JJ., concur with MAHONEY, P. J.; STALEY, JR., and HERLIHY, JJ., dissent and vote to affirm in an opinion by HERLIHY, J.


MAHONEY, P. J.

The facts in this case are not disputed. Plaintiffs are the owners of a parcel of land located in Greene County, having acquired that interest in 1971 through the purchase of the property at a foreclosure sale. The prior owners had mortgaged the property in 1961 and 1962 and on December 16, 1966, after commencing an action to foreclose on the property, the mortgagees filed a notice of pendency...

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