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MONTHAR, INC. v. HARALAMBIDES

56 Misc.2d 29 (1968)

Monthar, Inc., Plaintiff, v. Alexander Haralambides et al., Defendants.

Supreme Court, Special Term, Onondaga County.

February 21, 1968

Attorney(s) appearing for the Case

Manheim & Manheim (John Shaffer of counsel), for Alexander Haralambides and others, defendants. Estabrook, Burns, Hancock & White (Charles H. Umbrecht, Jr., of counsel), for plaintiff.

RICHARD D. SIMONS, J.

The defendants move for an order vacating and setting aside a mortgage foreclosure sale. It is claimed that at the time of the sale, the attorney for the plaintiff improperly announced to the assembled bidders that a mortgage prior to the one being foreclosed was in default and subject to call or foreclosure. Defendants claim that as a result, an inadequate price was received for the property...

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