Hoard v. Luther

Appellate Division of the Supreme Court of New York

Hoard v. Luther

257 A.D. 1027, 13 N.Y.S.2d 748, 1939 N.Y. App. Div. LEXIS 8948

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

DecidedJune 28, 1939

StatusPublished

This text of 257 A.D. 1027 (Hoard v. Luther) 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

Hoard v. Luther, 257 A.D. 1027, 13 N.Y.S.2d 748, 1939 N.Y. App. Div. LEXIS 8948 (N.Y. Ct. App. 1939).

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Opinion

Judgment affirmed, without .costs of this appeal to any party. Memorandum: We are of the opinion — in this proceeding under section 1083-a of the Civil Practice Act to determine the amount, if any, of a deficiency judgment to which plaintiff is entitled — that the evidence, as to the cost of construction of an adjoining apartment house and the amounts of gross and net rents therefrom received, does not fall within any exception to the general rule against the admissibility of such proof on direct examination. We, therefore, disregard this evidence and determine that, upon the remaining proofs in the record, the fair and reasonable market value of the mortgaged premises, at the time of the foreclosure sale, was $40,000. All concur. (The judgment awards plaintiff a deficiency judgment in a mortgage foreclosure action.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ. [See 251 App. Div. 692.]

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Judgment affirmed, without .costs of this appeal to any party. Memorandum: We are of the opinion — in this proceeding under section 1083-a of the Civil Practice Act to determine the amount, if any, of a deficiency judgment to which plaintiff is entitled — that the evidence, as to the cost of construction of an adjoining apartment house and the amounts of gross and net rents therefrom received, does not fall within any exception to the general rule against the admissibility of such proof on direct examination. We, therefore, disregard this evidence and determine that, upon the remaining proofs in the record, the fair and reasonable market value of the mortgaged premises, at the time of the foreclosure sale, was $40,000. All concur. (The judgment awards plaintiff a deficiency judgment in a mortgage foreclosure action.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ. [See 251 App. Div. 692.]

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257 A.D. 1027, 13 N.Y.S.2d 748, 1939 N.Y. App. Div. LEXIS 8948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoard-v-luther-nyappdiv-1939.

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