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FRANKLIN CREDIT MANAGEMENT CORPORATION v. PEARLMAN

16 A.D.3d 617 (2005)

792 N.Y.S.2d 525

FRANKLIN CREDIT MANAGEMENT CORPORATION, Plaintiff, v. JACK PEARLMAN et al., Defendants, FLEET BANK, Formerly Known as NORSTAR BANK, Appellant, and HSBC BANK, Formerly Known as MARINE MIDLAND BANK, N.A., et al., Respondents.

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

March 28, 2005.

Ordered that the order entered January 30, 2003, is modified, on the law, by deleting the provisions thereof denying that branch of the motion of the defendant Fleet Bank, formerly known as Norstar Bank, which was to reject that portion of the referee's report which determined that it was not entitled to receive any surplus moneys and granting that branch of the cross motion of the defendant L.P.P. Mortgage Limited which was to confirm that portion of the referee's report...

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