Clark v. Ames

Appellate Division of the Supreme Court of New York

Clark v. Ames

251 A.D. 791, 298 N.Y.S. 167, 1937 N.Y. App. Div. LEXIS 7547

Appellate Division of the Supreme Court of the State of New York·Decided May 19, 1937·Published

Opinion

Order reversed on the law and the facts as matter of discretion and matter remitted to the County Court for a rehearing, with costs to the appellant to abide the event. Memorandum: In review of the inconsistency of the findings as to whether there was or was not a fair and reasonable market value at the date of the foreclosure sale, we have determined to order a rehearing. All concur. (The order denies motion for entry of a deficiency judgment in a mortgage foreclosure action.) Present — Sears, P. J., Edgcomb, Lewis, Cunningham and Taylor, JJ.

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Order reversed on the law and the facts as matter of discretion and matter remitted to the County Court for a rehearing, with costs to the appellant to abide the event. Memorandum: In review of the inconsistency of the findings as to whether there was or was not a fair and reasonable market value at the date of the foreclosure sale, we have determined to order a rehearing. All concur. (The order denies motion for entry of a deficiency judgment in a mortgage foreclosure action.) Present — Sears, P. J., Edgcomb, Lewis, Cunningham and Taylor, JJ.

Clark v. Ames, 251 A.D. 791, 298 N.Y.S. 167, 1937 N.Y. App. Div. LEXIS 7547 (N.Y. Ct. App. 1937).

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