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ISLAND HOLDING, LLC v. O'BRIEN

305 A.D.2d 463 (2003)

759 N.Y.S.2d 337

ISLAND HOLDING, LLC, Appellant, v. DENIS J. O'BRIEN et al., Defendants, and ALABERT J. O'BRIEN et al., Respondents.

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

Decided May 12, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

Since the report of sale had not been confirmed, the subject notice of claim to surplus money, dated September 10, 2001, was timely (see RPAPL 1361 [1]). Contrary to the appellants' contention, the claimant did not waive any and all claims to the...

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