Appellate Division of the Supreme Court of New York, 1938

Home Owners Loan Corp. v. Caterson

Home Owners Loan Corp. v. Caterson
Appellate Division of the Supreme Court of New York · Decided February 28, 1938
253 A.D. 918; 2 N.Y.S.2d 644; 1938 N.Y. App. Div. LEXIS 9262
Home Owners Loan Corp. v. Caterson

Opinion of the Court

Order amending judgment to provide that no deficiency judgment shall be entered without application to the court, and referring the matter to an official referee to take proof and report as to fair market value, reversed on the law, without costs, and motion denied, without costs, without prejudice, however, to an application by defendants, if they be so advised, to set aside the sale on the ground of inadequacy. The grounds upon which the defendants moved to amend the judgment were insufficient. (Guaranteed Title & Mort. Co. v. Seheffres, 275 N. Y. 30.) Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ., concur.

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