DIME SAVINGS BANK OF NEW YORK, FSB v. WEINSTEIN


259 A.D.2d 400 (1999)

687 N.Y.S.2d 105

DIME SAVINGS BANK OF NEW YORK, FSB, Plaintiff, v. BURTON WEINSTEIN et al., Respondents, and ROBERT CALLAHAN et al., Appellants, et al., Defendants.

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

Decided March 23, 1999.


The issues raised in connection with the Weinsteins' cross claim to recover amounts paid by them in satisfaction of a deficiency judgment are distinct from those raised by plaintiff bank in its action to foreclose the mortgage affecting the premises conveyed by the Weinsteins to the Callahans, and were not addressed, much less disposed of, in the earlier order granting plaintiff bank's motion for summary judgment. Thus, the issues pertinent to the cross claim were properly...

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