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

Appellate Division of the Supreme Court of the State of New York·Decided March 5, 1941·Published

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.

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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