East River Savings Bank v. Kind

These are three motions revolving about a claim to surplus moneys resulting from a foreclosure sale of property owned by a husband and wife as tenants by the entirety.(1) As a claimant in the foreclosure action, the wife moves to confirm the report of sale and for payment of one half of the surplus to her immediately without the appointment of a Referee in surplus money proceedings.(2) She also asks that the other one half of the surplus be impounded pending a decision on her motion in a separation action which has proceeded to judgment, wherein she seeks to punish the defendant for contempt…