Federal Deposit Insurance Corp. v. J & D Einbinder Associates, Inc.

—In an action to foreclose a mortgage, the defendant J & D Einbinder Associates, Inc., appeals from a judgment of the Supreme Court, Nassau County (Roncallo, J.), entered December 4, 1993, which, inter alia, confirmed the report of sale of a Referee with respect to the subject property and awarded the plaintiff a deficiency judgment in the amount of $4,892,443.75 against J & D Einbinder Associates, Inc.

Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

The defendant J & D…