Guaranty Trust Co. v. Du Brul

Appellate Division of the Supreme Court of New York

Guaranty Trust Co. v. Du Brul

246 A.D. 517

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1935·Published

Opinion

Appeal from deficiency judgment entered in an action to foreclose a mortgage. Judgment unanimously reversed, with costs, and the motion to confirm referee’s report and permit entry of a deficiency judgment against defendant, appellant, denied, on the ground that we find the market value of the property as of the date of the auction sale to be not less than the amount due to the plaintiffs from defendant, appellant. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

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Appeal from deficiency judgment entered in an action to foreclose a mortgage. Judgment unanimously reversed, with costs, and the motion to confirm referee’s report and permit entry of a deficiency judgment against defendant, appellant, denied, on the ground that we find the market value of the property as of the date of the auction sale to be not less than the amount due to the plaintiffs from defendant, appellant. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Guaranty Trust Co. v. Du Brul, 246 A.D. 517 (N.Y. Ct. App. 1935).

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