National Bank of North America v. Systems Home Improvement, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Margett, J.
In this foreclosure action where the plaintiff bank has been denied its application to enter a deficiency judgment, two issues are presented. (1) Was there evidence in the record sufficient to satisfy plaintiff’s burden of establishing, prima facie, that the fair market value of the subject property, on the date of the auction sale, was less than the amount of the outstanding debt, and the amount of such fair market value? (2) If so, did defendant then meet its burden of establishing that the highest and best use of the property was for something other than what…
2Cases cited6 opinions
- Gelfert v. National City Bank of NYSupreme Court of the United States · 1941
- In re the City of New YorkNew York Court of Appeals · 1969
- National City Bank v. GelfertNew York Court of Appeals · 1940
- Bopp v. New York Electric Vehicle Transportation Co.New York Court of Appeals · 1903
- Triple Cities Shopping Center, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1966
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gibson, Dunn & Crutcher, L. L. P. v. Global Nuclear Services & Supply, Ltd.Appellate Division of the Supreme Court of the State of New York · 2001
- BTC Mortgage Investors Trust 1997-SI v. Altamont Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Marine Midland Bank, N. A. v. Harrigan Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Mastan Company v. WeilAppellate Division of the Supreme Court of the State of New York · 1981
- Keeton v. Cardinal O'Hara High SchoolAppellate Division of the Supreme Court of the State of New York · 1996
5 more not listed; retrieve them via the Exa API.