Amherst Bank v. Zent

There is but one question involved in this motion. In a foreclosure action where the mortgagor dies after a judgment of foreclosure and sale but before the day of the sale, should a deficiency judgment, granted under the provisions of section 1083-a of the Civil Practice Act, be subject to rule 186 of the Rules of Civil Practice? That rule provides that “ if a judgment for a sum of money or directing the payment of money be entered against a party after his death, a memorandum of the party’s death must be entered with the judgment.”

Section 1083 of the Civil Practice Act, entitled “ judgment…