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KRONENBERG v. ELLENVILLE NURSERIES

22 Misc.2d 247 (1960)

Sam Kronenberg et al., Plaintiffs, v. Ellenville Nurseries & Greenhouses, Inc., et al., Defendants.

Supreme Court, Special Term held in Sullivan County for Ulster County.

Opinion January 26, 1960.

Attorney(s) appearing for the Case

Henry Temes for plaintiffs.

Kooperman & Kooperman for Ellenville Nurseries & Greenhouses, Inc., and others, defendants.

S. Hazard Gillespie, Jr., United States Attorney (Anthony H. Atlas of counsel), for United States of America, defendant.

ISADORE BOOKSTEIN, J.

Plaintiffs move for summary judgment of foreclosure and sale of a mortgage held by them against certain real estate owned by defendant Ellenville Nurseries & Greenhouses, Inc., hereinafter referred to as "Nurseries". The mortgage sought to be foreclosed is a second mortgage, being inferior to a mortgage held by defendant, Ellenville National Bank, hereinafter referred to as "Bank"...

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