King v. Daru

In an action brought for the foreclosure of a mortgage on real property, order granting plaintiff’s motion to confirm the report of an official referee as to the fair market value of the mortgaged premises on the day of the sale in foreclosure reversed on the law, with ten dollars costs and disbursements, and the proceeding remitted to the Special Term for a new hearing there or before an official referee to be appointed. The record discloses (1) error on the part of the learned official referee in excluding from his consideration certain evidentiary elements entering into the ascertainment…