Appellate Division of the Supreme Court of New York, 1914

Walter v. Nova Realty Co.

Appellate Division of the Supreme Court of New York · Decided January 22, 1914 · Clarke

160 A.D. 400; 145 N.Y.S. 553; 1914 N.Y. App. Div. LEXIS 4735

Counsel

William B. Symmes, Jr., of counsel [Davis, Symmes & Schreiber, attorneys], for the appellant., Samuel Levy of counsel [Reuben Rodecker with him on the brief], Arnstein, Levy & Pfeiffer, attorneys, for the respondents.

Opinion of the Court

Clarke, J.:

The facts are in all respects similar to those m- Metzger v. Nova Realty Co. (160 App. Div. 394), decided herewith, both cases having been tried together. . For the reasons stated in the opinion in the last-mentioned case, the judgment should be modified by striking out so much thereof as directs a deficiency judgment against the defendant Nova Realty Company, with costs to the appellant.

Ingraham, P. J., McLaughlin, Laughlin and Scott, JJ., concurred.

Judgment modified as stated in opinion, with costs to the appellant. Order to be settled on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.