Emigrant Industrial Savings Bank v. Legum

260 A.D. 1040, 25 N.Y.S.2d 414, 1940 N.Y. App. Div. LEXIS 5983

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 23, 1940
• Status: Published

Opinion

In an action brought to foreclose a mortgage upon real estate, order (1) denying plaintiff’s motion for an order amending the stipulation of discontinuance dated November 6, 1939, (2) denying the motion of the plaintiff for an order directing the treasurer of Westchester county to pay the moneys, amounting to $1,768.78, deposited with him to the credit of this action, to the plaintiff, (3) granting the motion of the defendants Theodore Legum and Dora Sehlossberg for an order confirming the report of an official referee, (4) granting the motion of the two last named defendants for an order directing that the moneys in the hands of the receiver be paid over to them, and directing the commissioner of finance of the county of Westchester to pay the same to them, unanimously affirmed, without costs. No opinion. Present — Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ.