Amsterdam Savings Bank v. City View Management Corp.

OPINION OF THE COURT

Memorandum.

Order of the Appellate Division affirmed, without costs. Submission by respondents of material outside the record and discussion in respondents’ brief of such material have been disregarded. Because of the inclusion of the offending material costs are not awarded.

Intervenor-appellant was not, as respondent banks argue, just any member of the public, but a serious bidder who had made various commitments to effectuate its bid. In addition, as an alleged assignee it had an equitable ownership interest in the property resulting from a contract of sale made with…