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HUDSON CITY SAV. INST. v. BURTON

99 A.D.2d 871 (1984)

Hudson City Savings Institution, Plaintiff, v. Josef J. Burton, Defendant, and Anne E. Burton, Respondent. Charles A. Sarner et al., Appellants

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

February 2, 1984

In the course of foreclosure proceedings instituted by plaintiff bank, defendant mortgagor Anne Burton's residence was sold at a public auction held on May 1, 1981. Prior to the foreclosure sale, Burton had executed a document with Charles and Joyce Sarner entitled "Receipt for Real Property Deposit". This document, referred to by the parties as a binder agreement, declares that it is not itself a contract of sale but is a basis...

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