Legal Opinion

S.K. Mortgage Holdings Ltd. Partnership v. Subirats

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 2006Published

1Opinion of the Court

In an action to foreclose a mortgage, the defendants appeal, as limited by their brief, from so much of an amended judgment of foreclosure and sale of the Supreme Court, Suffolk County (Jones, Jr., J.), entered May 10, 2005, as awarded the plaintiff the amount of any deficiency against the defendants in the event the proceeds of the foreclosure sale were insufficient to pay the amount owed to the plaintiff.

Ordered that the amended judgment is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in amending…

2Cases cited3 opinions

  1. Poughkeepsie Savings Bank, FSB v. Maplewood Land Development Co.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Security Pacific Mortgage & Real Estate Services, Inc. v. Herald Center Ltd.District Court, S.D. New York · 1990
  3. Pines at Setauket, Inc. v. Retirement Management Group Inc.Appellate Division of the Supreme Court of the State of New York · 1998

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