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CLEARVIEW CORP. v. GHERARDI

88 A.D.2d 461 (1982)

Clearview Concrete Products Corp., Respondent, v. S. Charles Gherardi, Inc., Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. Clearview Concrete Products Corp. et al., Third-Party Defendants-Respondents. (Action No. 1.) James J. Duffy et al., Respondents, v. Manorville Estates et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendants. Andrew DeLillo, Third-Party Defendant-Respondent. (Action No. 2.)

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

August 30, 1982

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft (Sarah G. Anderson of counsel), for appellants.

Suozzi, English & Cianciulli, P. C. (Jeffrey G. Stark of counsel), for respondents in Action No. 2.

Field, Lomenzo & Turret, P. C. (David A. Field and Ira A. Turret of counsel), for Clearview Concrete Products Corp. and another, respondents.

TITONE, J. P., NIEHOFF and RUBIN, JJ., concur.

LAZER, J.

The plaintiffs in these two consolidated foreclosure actions are the trustees of the Pension and Retirement Benefit Fund, Locals 138, 138A and 138B, International Union of Operating Engineers (the Fund), which holds a first mortgage on a 500-acre parcel of land in Manorville, and Clearview Concrete Products Corp. (Clearview), the holder of a second mortgage on the same property. The property owner,...

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