Brown v. Faile
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George E. Faile, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Westchester, on the Í4th day of October, 1905, denying the said defendant’s motion for the cancellation of the docket of a deficiency judgment herein.
1Opinion of the Court
Hirschberg, P. J.:
This action was brought in the year 18.92 "to foreclose a mortgage upon real estate in the county of Westchester. It resulted in a judgment of foreclosure and sale duly entered.on the 7th day of January, 1893, which provided in the " usual, form, among other things, that the appellant should pay any deficiency which might result from the sale and. that the plaintiffs should have, execution therefor. The sale occurred on the 27th day-of Hay, 1893, and resulted in a deficiency of $4,770.82. The referee’s report of sale, showing the deficiency, was made -on the 26th day of…
2Cases cited2 opinions
- Evans v. . ClevelandNew York Court of Appeals · 1878
- Moore v. . ShawNew York Court of Appeals · 1879
3Cited by4 opinions
- Bondy v. Aronson & List Realties, Inc.Appellate Division of the Supreme Court of the State of New York · 1929
- Austraw v. DietzCourt of Appeals of Maryland · 1945
- Reconstruction Finance Corp. v. FinchAppellate Division of the Supreme Court of the State of New York · 1959
- Syracuse Trust Co. v. CoreyNew York Supreme Court · 1938