Onondaga Savings Bank v. Wagner

OPINION OF THE COURT

Edward F. McLaughlin, J.

This is a motion by purchasers at a foreclosure sale for an abatement of the purchase price from $60,000 to $53,007.60 on *110the ground that the property was partially destroyed subsequent to the date of purchase, June 29, 1979, and prior to the date of closing.

Plaintiff, the mortgagee of the property, cross-moves for a resale of the premises, a hearing to determine actual damages, or abatement of the purchase price to no less than $54,845, the amount of plaintiff’s interest in the outstanding mortgage debt.

It is undisputed that at the time of the…