G. M. C. Process Corp. v. United States Fidelity & Guaranty Co.

This is a motion by the defendant to set aside the decision herein dated May 16, 1961 and for a dismissal of the complaint. The defendant in support of its demand that the complaint be dismissed relies heavily on the case of Knapp v. Van Etten (55 Hun 428). That case was cited in defendant’s memorandum after the trial. It was not overlooked by the court.

In that case it was held that the undertaking contained no agreement that the defendant would pay any deficiency arising out of the sale of the mortgaged property. By the statute such a provision was required. As I pointed out in my decision…