Merchants National Bank v. Middletown Combined Buildings Co.

Appellate Division of the Supreme Court of New York

Merchants National Bank v. Middletown Combined Buildings Co.

241 A.D. 882

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

DecidedMay 15, 1934

StatusPublished

This text of 241 A.D. 882 (Merchants National Bank v. Middletown Combined Buildings Co.) 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

Merchants National Bank v. Middletown Combined Buildings Co., 241 A.D. 882 (N.Y. Ct. App. 1934).

Pincite

Opinion

Order modified by striking out the provisions for a deficiency judgment and as so modified unanimously affirmed, with costs to appellant, and the deficiency judgment docketed vacated. The deficiency judgment being premature, leave to apply for such a judgment after the receiver’s accounts shall have been settled is granted, leaving it to the court at that time to pass upon all the equities involyed in reaching the amount of the deficiency judgment that should be had, if the plaintiff be entitled to any such judgment. Present — Lazansky, P. J., Kapper, Carswell, Scudder and Tompkins, JJ.

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Order modified by striking out the provisions for a deficiency judgment and as so modified unanimously affirmed, with costs to appellant, and the deficiency judgment docketed vacated. The deficiency judgment being premature, leave to apply for such a judgment after the receiver’s accounts shall have been settled is granted, leaving it to the court at that time to pass upon all the equities involyed in reaching the amount of the deficiency judgment that should be had, if the plaintiff be entitled to any such judgment. Present — Lazansky, P. J., Kapper, Carswell, Scudder and Tompkins, JJ.

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Bluebook (online)

241 A.D. 882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merchants-national-bank-v-middletown-combined-buildings-co-nyappdiv-1934.