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CITIBANK, N.A. v. KENNEY

10 A.D.3d 377 (2004)

781 N.Y.S.2d 126

CITIBANK, N.A., Respondent v. JAMES F. KENNEY, JR., et al., Defendants, RENATE KENNEY et al., Appellant, and LAKE HIGHLANDS, L.P., Respondent.

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

Decided August 9, 2004.

Ordered that the appeal from the order dated December 22, 2002, is dismissed; and it is further,

Ordered that the amended judgment is reversed insofar as appealed from, on the law, the order of priority of the liens attaching to the surplus funds is established as follows: (1) those funds attributable specifically to the sale of lots 62, 63, and 64 shall first be applied in satisfaction of the mortgage held by the defendant Renate Kenney, dated January 18, 1993, and...

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