Niagara County Savings Bank v. Reese

In this surplus money proceeding incident to a mortgage foreclosure, the fund involved is $3,312.49 before referee’s fee and costs and expenses of the proceeding.

Claimant De Nuccio, vendee under an executory contract of sale, which contract was cut off by the foreclosure of the superior mortgage, claims $2,900 paid the vendor, Reese, toward the purchase price and $500.82 for improvements made on the premises while claimant was in possession.

Claimant Tontine Shops installed materials in the premises and filed a mechanic’s lien for $348. Moyer Electric likewise installed materials and filed a…