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WILLIAM F. ROBERTS AND FIRST TRUST CORPORATION, F/ B/ O NICHOLAS DANGELO, PLAINTIFFS-RESPONDENTS-APPELLANTS, V COBBLESTONE HOMES OF ROCHESTER, INC., ET AL., DEFENDANTS, WILLIAM B. MORSE LUMBER COMPA

PHILLIPS, LYTLE, HITCHCOCK, BLAINE & HUBER LLP, ROCHESTER (EDMUND C. BAIRD OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.

THOMAS JAY SOLOMON, PITTSFORD, FOR PLAINTIFFS-RESPONDENTS-APPELLANTS. Appeal and cross appeal from a judgment of Supreme Court, Monroe County (Siracuse, J.), entered Oct.....

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PHILLIPS, LYTLE, HITCHCOCK, BLAINE & HUBER LLP, ROCHESTER (EDMUND C. BAIRD OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.

THOMAS JAY SOLOMON, PITTSFORD, FOR PLAINTIFFS-RESPONDENTS-APPELLANTS. Appeal and cross appeal from a judgment of Supreme Court, Monroe County (Siracuse, J.), entered October 11, 2000, which, inter alia , ordered a public sale of the subject premises. It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously modified on the law by deleting therefrom the provision that plaintiff William F. Roberts is liable to defendants William B. Morse Lumber Company, Wm B Morse Lumber Co., d/ b/ a Wm B Morse and Sons, Morse Sash and Door, and Otis Lumber for a single payment of $60,000 and by deleting that part of the order that was incorporated by reference and that provided that plaintiff William F. Roberts is liable to defendants William B. Morse Lumber Company, Wm B Morse Lumber Co., d/ b/ a Wm B Morse and Sons, Morse Sash and Door, and Otis Lumber for the single sum of $60,000 and as modified the judgment is affirmed without costs. Memorandum: In these 11 mortgage foreclosure actions consolidated for purposes of appeal, defendants William B. Morse Lumber Company, Wm B Morse Lumber Co., d/ b/ a Wm B Morse and Sons, Morse Sash and Door, and Otis Lumber (collectively Morse) appeal, and plaintiffs cross-appeal, from judgments granting foreclosure and sale and incorporating by reference those parts of the orders providing that plaintiff William F. Roberts, the mortgagee, pay Morse the first $60,000 received in foreclosure sale proceeds.

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