Van Wie v. Barnett

Appellate Division of the Supreme Court of New York

Van Wie v. Barnett

258 A.D. 1035, 17 N.Y.S.2d 888, 1940 N.Y. App. Div. LEXIS 8722

Appellate Division of the Supreme Court of the State of New York·Decided January 12, 1940·Published

Opinion

Judgment and order modified on the facts by reducing the judgment to the sum of $2,851.42, and as so modified affirmed, without costs of this appeal to either party. Certain finding of fact disapproved and reversed and new finding made. All concur, except Crosby, P. J., who dissents and votes for affirmance. (The judgment and order confirm the report of the referee and award plaintiff a deficiency judgment, in an action to foreclose a mortgage.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

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Judgment and order modified on the facts by reducing the judgment to the sum of $2,851.42, and as so modified affirmed, without costs of this appeal to either party. Certain finding of fact disapproved and reversed and new finding made. All concur, except Crosby, P. J., who dissents and votes for affirmance. (The judgment and order confirm the report of the referee and award plaintiff a deficiency judgment, in an action to foreclose a mortgage.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

Van Wie v. Barnett, 258 A.D. 1035, 17 N.Y.S.2d 888, 1940 N.Y. App. Div. LEXIS 8722 (N.Y. Ct. App. 1940).

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