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FORD MOTOR CREDIT CO. v. HICKEY FORD SALES, INC.

80 A.D.2d 666 (1981)

Ford Motor Credit Company, Respondent, v. Hickey Ford Sales, Inc., et al., Respondents James G. Hoehn et al., Appellants, v. Ford Motor Credit Company et al., Respondents State Bank of Albany, Appellant, v. Ford Motor Credit Company et al., Respondents

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

February 5, 1981

The sale was evidenced by a deed recorded on August 16, 1978 in the Albany County Clerk's office. Petitioner State Bank of Albany holds a $163,000 mortgage on the property which was similarly recorded on August 16, 1978. As the result of a defective title abstract, neither the Hoehns nor the bank were apprised at the time of the conveyance of a notice of attachment against the property which had been filed with the Albany County Clerk on September 9, 1977. This notice of...

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