Reconstruction Finance Corp. v. Finch

Appeal from an order of a Special Term, Supreme Court, Fulton County. A judgment of deficiency of $74,513.25 in this mortgage foreclosure action has been granted 'by the court at Special Term; and appellants raise two procedural objections. The first is based on section 1083 of the Civil Practice Act which provides that a motion for a deficiency judgment may be made simultaneously with a motion to confirm a sale if the latter motion is made within 90 days after " the date of consummation of the sale by the delivery of the proper deed of conveyance”. The deed was actually delivered by mail on…