Berkman v. Silverstein

This is an appeal by the plaintiff from an order denying a deficiency judgment in a mortgage foreclosure action. There is no dispute about the facts. The defendant Anna, Silverstein was served personally with the summons and complaint and appeared generally in the action by Messrs. Silvey, Marks & Brock-man. No answer was served and the action proceeded to judgment of foreclosure and sale. After the sale the referee made his report, reporting a deficiency due the plaintiff on the judgment. The plaintiff made a motion to confirm the referee’s report of sale and deficiency judgment. Notice of…