National City Bank v. Gelfert

I concur in result.

In accordance with a judgment of foreclosure and sale of mortgaged premises situate in the county of Kings, adjudicating that there was due to plaintiff the sum of $18,401.25, the property was sold to the plaintiff on the 16th day of December, 1938, for the sum of $4,000, leaving a deficiency, after inclusion of interest and expenses, of $16,162.12. In opposition to a motion to confirm the referee’s report of sale and for a deficiency judgment, and by way of cross-motion, the appellant sought an order fixing the value of 'the premises so foreclosed “ for the purposes of…