Westinghouse Credit Corp. v. Stojowski

In an action for a deficiency judgment against the guarantors of a mortgagor’s personal liability, plaintiff appeals from an order of the Supreme Court, Nassau County, entered October 31, 1978, which denied its motion, pursuant to CPLR 3213, for summary judgment in lieu of complaint. Order affirmed, with $50 costs and disbursements. Defendants are guarantors of a loan which was originally secured by a preferred ship mortgage, pursuant to section 951 of title 46 of the United States Code, on the vessel Ameris III. When the mortgagor, Ameris III, Inc., defaulted on that loan plaintiff commenced…