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CFSC CORP. v. BACHMAN CO.

177 Misc.2d 652 (1998)

676 N.Y.S.2d 832

CFSC Capital Corp. XXVII, Plaintiff, v. W. J. Bachman Mechanical Sheet Metal Co., Inc., et al., Defendants. Joseph P. Famighetti, as Temporary Receiver, Third-Party Plaintiff, v. Fedele V. Scutti, Third-Party Defendant.

Supreme Court, Nassau County.

June 29, 1998

Attorney(s) appearing for the Case

Farrell Fritz, P. C. (Michael J. Healy of counsel), for plaintiff. Shaw, Licitra, Esernio & Schwartz (Alan E. Marder of counsel), for Bande Realty Co., Inc., and others, defendants.

ROBERT ROBERTO, JR., J.

Plaintiff's motion for relief pursuant to RPAPL 1325 (2) is decided as follows:

This is an application by the plaintiff in a pending mortgage foreclosure action for an order directing the receiver previously appointed by this court to apply $3,000,000 and future rents received to accrued mortgage interest pursuant to RPAPL 1325 (2). The motion is opposed by the main defendants...

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