CONSTELLATION BANK v. BINGHAMTON PLAZA, INC.


237 A.D.2d 854 (1997)

655 N.Y.S.2d 664

Constellation Bank, N. A., Respondent, v. Binghamton Plaza, Inc., Appellant, et al., Defendants

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

March 20, 1997


White, J.

On this appeal in this mortgage foreclosure action, we are again concerned with the receiver's payments totaling $255,000 to plaintiff, the mortgagee. On a previous appeal involving the receiver's final accounting we held that, although the payments were unauthorized, Supreme Court did not abuse its discretion in allowing them since they inured to the benefit of defendant Binghamton Plaza, Inc. (hereinafter defendant) and were in accord with...

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