Whalen v. Strong

Judgment modified to make judgment interlocutory and to provide for further hearing at Special Term to determine as to the loss sustained by plaintiffs, and as modified affirmed, without costs. Memorandum: Inasmuch as the deficiency judgment upon which plaintiffs’ rights are based was entered and execution issued and returned unsatisfied before the instant action was brought, recovery cannot be denied plaintiffs because the action is not a representative one or because plaintiffs’ deficiency judgment did not precede the transfer of the Bast avenue property to defendant Alvah G. Strong.…