State Bank v. Wilchinsky

The respondent, Harris Shapiro, having purchased the premises which are the subject of this action at the foreclosure sale thereof, and having failed to complete his purchase by payment of the balance of the purchase price, an order was obtained by the plaintiff which directed the respondent to pay to the referee the amount of the resulting damages, which had been ascertained upon a reference had for that purpose. That order was served upon the respondent personally. In the proceeding in which that order was obtained and which was a special proceeding (Merges v. Ringler, 158 N. Y. 701), the…