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CITIBANK, N. A. v. SCHROEDER

266 A.D.2d 332 (1999)

698 N.Y.S.2d 304

CITIBANK, N. A., Plaintiff, v. ROBERT SCHROEDER et al., Defendants, ELLENVILLE NATIONAL BANK, Appellant, and LINRO ENTERPRISES, INC., Respondent.

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

Decided November 15, 1999.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Orange County, for a hearing in accordance herewith.

Upon the foreclosure by Citibank, N. A., of real property owned by the defendants, Robert Schroeder and Linda Schroeder, there was a surplus of approximately $96,000. The Supreme Court appointed a Referee, and Ellenville National Bank (hereinafter the Bank) registered its claim to...

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