2035 REALTY CO. v. HOWARD FUEL CORP.


77 A.D.2d 870 (1980)

2035 Realty Co., Appellant, v. Howard Fuel Corp., Respondent

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

August 4, 1980


Order reversed, on the law, with $50 costs and disbursements, motion granted and matter remitted to the Supreme Court, Westchester County, for entry of judgment in accordance herewith.

The property in question was sold to Troy Savings Bank following entry of a judgment of foreclosure. Thereafter Troy assigned its interest to plaintiff. Defendant, who possessed a junior lien upon the premises by virtue of a judgment entered against the former fee owner, was inadvertently...

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