Legal Opinion
730 J & J, LLC v. Williams
Appellate Division of the Supreme Court of the State of New York
Decided October 24, 2005Published
1Opinion of the Court
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated July 22, 2004, which denied its motion for leave to enter a deficiency judgment against the defendant Gabriel Williams.
Ordered that the order is affirmed, with costs.
Under the circumstances, the Supreme Court providently exercised its discretion in denying the plaintiff’s motion for leave to enter a deficiency judgment against the defendant Gabriel Williams (see RPAPL 1371 [2], [3]; Arbor Natl. Commercial Mtge. v Carmans Plaza, 305 AD2d 622 [2003]; Marine Midland…
2Cases cited5 opinions
- Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.New York Court of Appeals · 1979
- Band Realty Co. v. North Brewster, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Arbor National Commercial Mortgage, LLC v. Carmans Plaza, LLCAppellate Division of the Supreme Court of the State of New York · 2003
- Marine Midland Bank v. Charmant Travel Lodge, Inc.Appellate Division of the Supreme Court of the State of New York · 1985