Appellate Division of the Supreme Court of New York, 1924

Levy v. Carbone

Levy v. Carbone
Appellate Division of the Supreme Court of New York · Decided November 15, 1924 · Jaycox, Kapper, Kelly, Manning, Rich
211 A.D. 805
Levy v. Carbone

Opinion of the Court

Judgment modified by striking out the provision therein making Rosie Carbone liable for any deficiency which may arise upon the sale of the mortgaged property, and, further, by an appropriate provision directing the return to Rosie Carbone of the diamond earrings pledged by her in the event that the mortgaged real estate brings an amount sufficient to pay the plaintiffs’ claim; and as modified unanimously affirmed, without costs.

Present — Kelly, P. J., Rich, Jaycox, Manning and- Kapper, JJ.

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