First Federal Savings & Loan Ass'n v. McKee

This motion to confirm the report of the Referee in .surplus money proceedings raises issues concerning (1) the rate of interest to be paid to the holder of a second mortgage, which is conceded to be entitled to priority in payment over the other objectants, (2) the priority between the purchaser at an execution sale held August 12, 1968 pursuant ■to judgment entered December 5, 1967 and the Industrial Commissioner of the State of New York whose tax warrant was docketed March 4, 1968 but who was not included in the list furnished to the Sheriff pursuant to CPLR 5236 (subd. [c]) and who…