Grossman v. Perlmutter

Action to recover the amount of a deficiency judgment entered after the foreclosure of two mortgages, which action was instituted on permission granted by the court. Judgment dismissing the complaint reversed on the law and a new trial granted, with costs to abide the event. Leave to maintain such an action is determined by equitable principles. (Matter of Steiner v. Day, 161 App. Div. 742.) The legal representative of Nathan Perlmutter, joint obligor with Sadie Perlmutter, was not a proper party defendant in the foreclosure action, where Nathan Perlmutter died after the commencement of that…