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BANK OF NY v. MIDLAND DEV CO.

171 Misc.2d 711 (1997)

655 N.Y.S.2d 260

Bank of New York, as Successor to Scarsdale National Bank and Trust Company, Plaintiff, v. Midland Avenue Development Co., Also Known as Midland Avenue Development Company, et al., Defendants. Joseph Barber et al., Individually and Doing Business as Rye Investment Group, et al., Third-Party Plaintiffs, v. Cassin, Cassin & Joseph et al., Third-Party Defendants.

Supreme Court, Westchester County.

January 8, 1997

Attorney(s) appearing for the Case

Robert G. Cucinell, White Plains, for plaintiff. Jeffrey D. Grant & Associates, Mamaroneck, for Midland Avenue Development Co. and others, defendants and third-party plaintiffs. Keane & Beane, P. C., White Plains, for estate of William F. Cassin, defendant. James A. Cartelli, White Plains, for Ronald K. Freeman, defendant. William A. Sullivan, Rye, for John B. Meikle, defendant. Milton Berner, Rye, for Alfred F. Ash, defendant. McCullough, Goldberger & Staudt, White Plains, for Darcy G. Gibson, defendant. Kelly & Kmetz, White Plains, for Martin Mannion, defendant. Robert A. Levey, East Syracuse, for Paul Freeman, defendant. David A. Zarrett, Great Neck, for Richard Freeman, defendant. Miller & Bush, Bronx, for Local 32E Service Employees International Union, defendant. Dennis C. Vacco, Attorney-General, New York City, for New York State Tax Commission and another, defendants. Voute, Lohrfink & Collins, White Plains, for Cassin, Cassin & Joseph, third-party defendant.

JAMES R. COWHEY, J.

Motion by plaintiff to serve a second amended complaint.

This motion is disposed of as follows: Since this foreclosure action has been rendered moot by the judgment rendered on May 2, 1996 (Rudolph, J.) for the City of Rye in its tax foreclosure action of the same property, plaintiff's application to convert this foreclosure action into an action at law to recover on the note by...

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