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LAKERIDGE DEV. CORP. v. SKYLINE DEVELOPERS

201 A.D.2d 959 (1994)

607 N.Y.S.2d 826

Lakeridge Development Corp., Respondent, v. Skyline Developers et al., Respondents, and Thruway Builders of Orchard Park, Inc., Appellant

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

February 4, 1994

Order unanimously reversed on the law without costs and matter remitted to Erie County Court for further proceedings in accordance with the following Memorandum: This special proceeding under RPAPL 1361 was commenced to determine the validity and priority of certain claims to surplus moneys generated from the sale of property in a mortgage foreclosure action. Pursuant to RPAPL 1361 (2), County Court made an order of reference,...

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