Risch v. Migliaccio

Appellate Division of the Supreme Court of New York

Risch v. Migliaccio

243 A.D. 798, 278 N.Y.S. 717

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1935·Published

Opinion

Appeal from order denying motion by defendant mortgagor to set aside referee’s report of sale under a judgment of foreclosure made in March, 1929, the. order confirming the report, and the deficiency judgment entered thereon. Order affirmed, with ten dollars costs «and disbursements. There is no proof in the record as to the value of the mortgaged • premises at the time of the foreclosure sale, and hence no basis for a determination of the equities. Hagarty, Carswell, Seudder, Tompkins and Davis, JJ., concur.

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Appeal from order denying motion by defendant mortgagor to set aside referee’s report of sale under a judgment of foreclosure made in March, 1929, the. order confirming the report, and the deficiency judgment entered thereon. Order affirmed, with ten dollars costs «and disbursements. There is no proof in the record as to the value of the mortgaged • premises at the time of the foreclosure sale, and hence no basis for a determination of the equities. Hagarty, Carswell, Seudder, Tompkins and Davis, JJ., concur.

Risch v. Migliaccio, 243 A.D. 798, 278 N.Y.S. 717 (N.Y. Ct. App. 1935).

Pincite

243 A.D. 798 (Risch v. Migliaccio) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.