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

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1934·Published

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.

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

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241 A.D. 882 (Merchants National Bank v. Middletown Combined Buildings Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.