Appellate Division of the Supreme Court of New York, 1941

Mohawk National Bank v. Grande

Mohawk National Bank v. Grande
Appellate Division of the Supreme Court of New York · Decided March 5, 1941
261 A.D. 1014; 26 N.Y.S.2d 507; 1941 N.Y. App. Div. LEXIS 8555
Mohawk National Bank v. Grande

Opinion of the Court

Appeal from a deficiency judgment in a mortgage foreclosure. The referee heard the witnesses, viewed the property, and was better qualified to determine values than the Appellate Division. [See post, p. 1019,] Hill, P. J., Crapser and Bliss, JJ., concur; Heffeman and Schenek, JJ., dissent and vote to modify the judgment on the law and facts so as to award plaintiff a deficiency for $3,497.88 and as so modified to affirm, without costs. In our opinion the value of the mortgaged property at the time of the sale was $20,000.

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