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PEOPLES SAV. BANK OF NEW YORK v. D & P REALTY CORP.

96 A.D.2d 899 (1983)

Peoples Savings Bank of New York, Plaintiff, v. D & P Realty Corp. et al., Defendants Dorothy Romano, as Receiver, Third-Party Plaintiff-Appellant, v. Robert Greenwald, Third-Party Defendant-Appellant, et al., Third-Party Defendant. (Third-Party Action No. 1.) Aetna Casualty & Surety Company, as Surety, Third-Party Plaintiff-Appellant, v. Dorothy Romano et al., Third-Party Defendants. (Third-Party Action No. 2.) Robert Greenwald, Third-Party Plaintiff-Appellant, v. Charles Robbins, Third-Party Defendant. (Third-Party Action No. 3.)

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

August 22, 1983

Order reversed, on the law, with costs payable by plaintiff to all appellants filing separate briefs, Romano's motion for summary judgment granted, and plaintiff's surcharge motion is dismissed.

In 1977, plaintiff mortgagee Peoples Savings Bank of New York (hereinafter Bank) commenced an action to foreclose its mortgage on certain property, upon which was situated a multiple family dwelling, located at 56 Locust Hill Avenue, Yonkers, New York. Despite its knowledge...

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