Legal Opinion

First National Bank of Boston v. Schumacher

Appellate Division of the Supreme Court of the State of New York

Decided September 23, 1996Published

1Opinion of the Court

In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated July 19, 1995, as, upon granting reargument, adhered to its prior determination denying the plaintiff’s application for a deficiency judgment.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the plaintiff’s contentions, it has not demonstrated its entitlement to a deficiency judgment. The decretal provision of the judgment of foreclosure and sale was insufficient to…

2Cases cited1 opinion

  1. Pines At Setauket, Inc. v. Retirement Management Group Inc.Appellate Division of the Supreme Court of the State of New York · 1996

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