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BANK OF N. Y. v. MYERS

183 Misc.2d 556 (2000)

703 N.Y.S.2d 706

BANK OF NEW YORK, Plaintiff, v. CAROL MYERS et al., Defendants.

Supreme Court, Chautauqua County.

February 1, 2000.

Attorney(s) appearing for the Case

Hecker, Colasurdo & Associates, P. C. (Mark R. Knuckles of counsel), for plaintiff.

OPINION OF THE COURT

JOSEPH GERACE, J.

Plaintiff obtained a judgment of foreclosure in this action in 1997. In February 1998, after plaintiff purchased the property at a foreclosure sale, an order was granted directing the Sheriff to put plaintiff into possession of the premises. Plaintiff now seeks to discontinue its long-completed action and to nullify the Referee's deed granting it ownership of the property.

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