Griffin v. Surace

Appellate Division of the Supreme Court of New York

Griffin v. Surace

257 A.D. 1039, 13 N.Y.S.2d 592, 1939 N.Y. App. Div. LEXIS 8991

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 28, 1939

StatusPublished

This text of 257 A.D. 1039 (Griffin v. Surace) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Griffin v. Surace, 257 A.D. 1039, 13 N.Y.S.2d 592, 1939 N.Y. App. Div. LEXIS 8991 (N.Y. Ct. App. 1939).

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Opinion

Judgment modified on the facts by reducing the amount [1040]*1040of the judgment to $7,274.83, with interest from April 15, 1937, and as so modified affirmed, without costs of this appeal to any party. Memorandum: We reach the conclusion that the mortgaged property on the day of the sale had a fair market value of $12,700. We base this on all the evidence. On computing the value of the brick block on a reconstruction basis we use an estimate of $20,000 for its reconstruction cost, less forty per cent for depreciation. We estimate the land now as worth $2,500. We estimate the carrying charges as somewhat less than stated by the plaintiff’s witness Slade. All concur. (The judgment awards plaintiff a deficiency judgment in an action to foreclose a mortgage.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Judgment modified on the facts by reducing the amount [1040]*1040of the judgment to $7,274.83, with interest from April 15, 1937, and as so modified affirmed, without costs of this appeal to any party. Memorandum: We reach the conclusion that the mortgaged property on the day of the sale had a fair market value of $12,700. We base this on all the evidence. On computing the value of the brick block on a reconstruction basis we use an estimate of $20,000 for its reconstruction cost, less forty per cent for depreciation. We estimate the land now as worth $2,500. We estimate the carrying charges as somewhat less than stated by the plaintiff’s witness Slade. All concur. (The judgment awards plaintiff a deficiency judgment in an action to foreclose a mortgage.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Bluebook (online)

257 A.D. 1039, 13 N.Y.S.2d 592, 1939 N.Y. App. Div. LEXIS 8991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-surace-nyappdiv-1939.