Carretta v. Evans

Appellate Division of the Supreme Court of New York

Carretta v. Evans

254 A.D. 773, 4 N.Y.S.2d 896, 1938 N.Y. App. Div. LEXIS 7557

Appellate Division of the Supreme Court of the State of New York·Decided May 27, 1938·Published·Cited by 5 cases

Opinion

Appeal from resettled order referring plaintiff’s motion for a deficiency judgment in an action for the foreclosure of a mortgage to an official referee to take evidence and report, with Ms opinion, dismissed, without costs, on the ground that it is not appealable. (Luttenberger v. Alpert Woodworking Cprp., 252 App. Div. 862; War show v. Herron, 254 id. 699.) The entry of a deficiency judgment may not be upheld, in view of our decision in Clinton Trust Company v. Mahoney (252 App. Div. 763). Lazansky, P. J., Hagarty, Carswell, Davis and Taylor, JJ., concur.

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Appeal from resettled order referring plaintiff’s motion for a deficiency judgment in an action for the foreclosure of a mortgage to an official referee to take evidence and report, with Ms opinion, dismissed, without costs, on the ground that it is not appealable. (Luttenberger v. Alpert Woodworking Cprp., 252 App. Div. 862; War show v. Herron, 254 id. 699.) The entry of a deficiency judgment may not be upheld, in view of our decision in Clinton Trust Company v. Mahoney (252 App. Div. 763). Lazansky, P. J., Hagarty, Carswell, Davis and Taylor, JJ., concur.

Carretta v. Evans, 254 A.D. 773, 4 N.Y.S.2d 896, 1938 N.Y. App. Div. LEXIS 7557 (N.Y. Ct. App. 1938).

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