Ziegler v. Elliott Camp Corp. — 272 A.D.2d 849

Majority

p. 849

Jeannette B. Ziegler, as Executrix of Herman Ziegler, Deceased, Respondent, v. Elliott Camp Corp. et al., Defendants, and E. G. Rippol Corp., Appellant.

Appellant E. G. Rippol Corp. has applied for an order canceling and discharging a bond in the sum of $15,000 which was given to stay the sale of the mortgaged premises pending an appeal from the judgment of foreclosure by appellant’s assignor. The bond was required as a condition for the granting of the stay. The judgment appealed from was reversed on the law and facts and consequently the bond should be cancelled. Motion granted, with $25 costs. All concur. [See 271 App. Div. 604 .]