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ALBANY SAV. BANK v. NOVAK

151 Misc.2d 956 (1991)

Albany Savings Bank, FSB, Plaintiff, v. Joseph M. Novak et al., Defendants.

Supreme Court, Orange County.

August 16, 1991

Attorney(s) appearing for the Case

Rider, Weiner & Melchiori, P. C., for plaintiff. McCabe & Mack for Joseph M. Novak and another, defendants.

HOWARD MILLER, J.

Novel questions of law are raised in this action by plaintiff for foreclosure and imposition of an equitable lien upon the proceeds of a settlement received by defendants Joseph M. and Barbara J. Novak (hereinafter Novak) as a result of a lawsuit against a contractor and architect.

On July 16, 1987, Novak purchased a newly constructed residence in Blooming Grove, New York for $288...

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