Primary Realty Corp. v. Librett

Plaintiff moves to confirm a referee’s report of sale, in an action to foreclose a mortgage, and for. a deficiency judgment, in the amount of the deficiency reported by the referee, as determined by deducting from the amount due upon the bond and mortgage, with interest and costs, the proceeds of sale.. The mortgage foreclosed, and the bond which it secured, were executed subsequent to July 1, 1932, and prior to April 7, 1938. They were not affected by the provisions of section 1083-a of the Civil Practice Act. The question presented here is whether the amount of the deficiency, if any, must…