Greenwich Savings Bank v. JAJ Carpet Mart, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Allen Murray Myers, J.), entered October 1, 1985, which, inter alia, consolidated a pending declaratory judgment action with a surplus money proceeding in a mortgage foreclosure action and vacated and reopened a prior order of the court, dated April 8, 1985, based upon a stipulation of the parties, insofar as it directed that a portion of the surplus money be paid to the estate of Jacob A. Fine, reversed, on the law and on the facts and in the exercise of discretion, and the motion denied in its entirety, with costs and disbursements.
The Greenwich…
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