Dry Dock Savings Institution v. Harriman Realty Corp.
New York Supreme Court
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
- Foreman v. ForemanNew York Court of Appeals · 1929
3Cited by11 opinions
- Markese v. Cooper, New York County Courts1972
- Union Joint Stock Land Bank of Louisville v. Knox CountyCourt of Appeals of Tennessee · 1936
- Drannek Realty Co. v. Nathan Frank, Inc.Supreme Court of Missouri · 1940
- Griffo v. Swartz, New York County Courts1969
- Emigrant Savings Bank v. Elan Management Corp., Elan Management Corp.Court of Appeals for the Second Circuit · 1982
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