Legal Opinion

Dry Dock Savings Institution v. Harriman Realty Corp.

New York Supreme Court

Decided March 27, 1934PublishedCited by 11 opinions

1Opinion of the CourtMcGeehan, J.

A mortgage on a piece of realty amounted on the day of sale, with interest and expenses, to $2,906,681.39. The premises were bid in by the plaintiff for $100,000. The plaintiff now has the land and building. The referee has reported a deficiency of $2,806,681.39. This motion is to vacate an order to fix the fair and reasonable amount of the deficiency judgment.

A sale on foreclosure may, in a more or less accurate way, fix at least some criterion for the value of a parcel of realty because in an ordinary market there will always be bidders who will seek a bargain and the mortgagee will protect…

2Cases cited1 opinion

  1. Foreman v. ForemanNew York Court of Appeals · 1929

3Cited by11 opinions

  1. Markese v. Cooper, New York County Courts1972
  2. Union Joint Stock Land Bank of Louisville v. Knox CountyCourt of Appeals of Tennessee · 1936
  3. Drannek Realty Co. v. Nathan Frank, Inc.Supreme Court of Missouri · 1940
  4. Griffo v. Swartz, New York County Courts1969
  5. Emigrant Savings Bank v. Elan Management Corp., Elan Management Corp.Court of Appeals for the Second Circuit · 1982

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