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FREMONT INVESTMENT AND LOAN v. KINLAW

15 A.D.3d 345 (2005)

790 N.Y.S.2d 156

FREMONT INVESTMENT AND LOAN, Plaintiff, v. EARL KINLAW, Respondent, et al., Defendants. OMNI VENTURES, INC., Nonparty Appellant; ANDREW W. LAWRENCE, Nonparty Respondent.

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

February 7, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the Referee's report is rejected, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing to determine the amount of surplus money due to Omni Ventures, Inc., and to direct the Suffolk County Treasurer to distribute the surplus money in accordance herewith.

"Surplus money . . . stands in the place of the land for all purposes of distribution among persons having...

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