Mohawk National Bank v. Grande

Appellate Division of the Supreme Court of New York

Mohawk National Bank v. Grande

261 A.D. 1014, 26 N.Y.S.2d 507, 1941 N.Y. App. Div. LEXIS 8555

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

DecidedMarch 5, 1941

StatusPublished

This text of 261 A.D. 1014 (Mohawk National Bank v. Grande) 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

Mohawk National Bank v. Grande, 261 A.D. 1014, 26 N.Y.S.2d 507, 1941 N.Y. App. Div. LEXIS 8555 (N.Y. Ct. App. 1941).

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Opinion

Appeal from a deficiency judgment in a mortgage foreclosure. The referee heard the witnesses, viewed the property, and was better qualified to determine values than the Appellate Division. [See post, p. 1019,] Hill, P. J., Crapser and Bliss, JJ., concur; Heffeman and Schenek, JJ., dissent and vote to modify the judgment on the law and facts so as to award plaintiff a deficiency for $3,497.88 and as so modified to affirm, without costs. In our opinion the value of the mortgaged property at the time of the sale was $20,000.

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Appeal from a deficiency judgment in a mortgage foreclosure. The referee heard the witnesses, viewed the property, and was better qualified to determine values than the Appellate Division. [See post, p. 1019,] Hill, P. J., Crapser and Bliss, JJ., concur; Heffeman and Schenek, JJ., dissent and vote to modify the judgment on the law and facts so as to award plaintiff a deficiency for $3,497.88 and as so modified to affirm, without costs. In our opinion the value of the mortgaged property at the time of the sale was $20,000.

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Bluebook (online)

261 A.D. 1014, 26 N.Y.S.2d 507, 1941 N.Y. App. Div. LEXIS 8555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mohawk-national-bank-v-grande-nyappdiv-1941.