
    BUFFALO SAVINGS BANK, Respondent, v. POLISH ROMAN CATHOLIC CHURCH OF THE HOLY MOTHER OF THE ROSARY OF BUFFALO et al., Appellants.
    (Supreme Court, Appellate Division, Fourth Department.
    October 15, 1913.)
    Action by the Buffalo Savings Bank against the Polish Roman Catholic Church of the Holy Mother of the Rosary of Buffalo, N. Y., and others.
   PER CURIAM.

Order reversed, without

costs, and the sale vacated and set aside, and the premises ordered resold under the judgment herein, upon condition, first, that the defendant mortgagor pay to the referee within five days, the referee's fees and expenses of the sale and the interest upon the amount paid by the purcbaser from tbe time of the payment thereof, which, together with the principal sum paid, is to be returned by the referee to the purchaser; and, second, that the defendant mortgagor, within five days execute~ and deliver an undertaking to the plaintiff, with sufficient sureties, to the effect that if upon such resale the premises shall sell for less than $80,000, they will pay thd difference between that sum and the amount for which ~they are sold, said undertaktug as to form and sufficiency of sureties to be approved by the county judge of Erie county. If such conditions are not complied with, the application to vacate the sale stands denied, and the order appealed from is affirmed, with $10 costs and disbursements.  