Ercolani v. Sam & Al Realty Co.

Applicants to intervene appeal, pursuant to leave granted by the Appellate Division, Second Department, from an order of that court which affirmed an order of Special Term, Westchester County, granting plaintiff’s motion to confirm the Referee’s report of sale in this mortgage foreclosure action, and denying appellants ’ motion to intervene. The following question was certified: “ Was the order of this court, dated July 12,1965, correctly made ? ’ ’

Appellants Nesmith are judgment creditors of defendant Sam and A1 Realty Co., Inc., and appellant Vucker holds a promissory note made by that…