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CMTY. SAV. BANK v. SHAAD

105 A.D.2d 1063 (1984)

Community Savings Bank, as Successor by Merger to Jefferson County Savings Bank, Respondent-Appellant, v. Robert B. Shaad, Appellant-Respondent, et al., Defendants

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

November 7, 1984

Judgment unanimously modified, and, as modified, affirmed, without costs and matter remitted to Supreme Court, Jefferson County, and the referee for further proceedings in accordance with the following memorandum: The judgment of foreclosure was properly entered in behalf of plaintiff. Defendant's argument that plaintiff was not entitled to judgment because it improperly refused to assign the mortgage to a third party is without...

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