ALBANY SAV. BANK v. DAVID THUM REALTY, INC.


97 A.D.2d 891 (1983)

Albany Savings Bank, Appellant, v. David Thum Realty, Inc., et al., Defendants, and Fulton County National Bank and Trust Company, Respondent

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

November 17, 1983


This appeal arises out of a foreclosure action brought by plaintiff Albany Savings Bank as first mortgagee of the premises in question. Defendant Fulton County National Bank and Trust Company is holder of a second mortgage. The dispute concerns the distribution of $3,901.97 representing a fund deposited by order of the court with the Fulton County Treasurer and being the balance of money left in the hands of a receiver appointed in the foreclosure proceeding. The pertinent...

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