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  5. 119 Misc.2d 658 (1983)
 

KEY BANK v. 5 K'S BLDG.

119 Misc.2d 658 (1983)

Key Bank of Central New York, Plaintiff, v. 5 K's Building Corporation et al., Defendants.

Supreme Court, Oneida County.

April 26, 1983

Attorney(s) appearing for the Case

Lockwood, Lockwood & Getnick for Continental Homes of New England, defendant. Schwartz, Grossman & Pozefsky for 5 K's Building Corporation and another, defendants. Robert Abrams, Attorney-General, for the People of the State of New York, defendant. Levitt & Gordon for Paul Finnegan, defendant. McMahon & Grow and Kenneth P. Ray for Robert G. Bentley and another, defendants. Kernan & Kernan, P. C., for plaintiff.

JOHN F. LAWTON, J.

This motion has been brought by defendant Continental Homes of New England, a Marley company (hereinafter Continental), pursuant to RPAPL 1355 for an order ratifying and confirming a referee's report of a mortgage foreclosure sale and for payment of the whole of the surplus moneys from the sale to Continental.

The underlying judgment of foreclosure and sale in this matter was granted on September 7, 1982 and thereafter on October...

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