Legal Opinion
Berkshire Life Insurance v. Van Voorhis
Appellate Division of the Supreme Court of the State of New York
Decided November 7, 1935PublishedCited by 1 opinion
1Opinion of the CourtLewis, J.
This appeal in a foreclosure action requires us to review the method by which the fair and reasonable market value of certain mortgaged premises was determined upon a motion by the mortgagee for a deficiency judgment under section 1083-a of the Civil Practice Act.
The property involved is located in the downtown commercial district of Rochester, N. Y., and was purchased by the defendant, appellant, in 1929 for approximately $133,000. Upon a sale of the premises in October, 1934, under the judgment of foreclosure and sale in this action, the plaintiff-mortgagee purchased the property for…
2Cases cited4 opinions
- State ex rel. Southwestern Bell Telephone Co. v. Public Service Commission of MissouriSupreme Court of the United States · 1923
- Allen v. . StevensNew York Court of Appeals · 1899
- Palmer v. . Van SantvoordNew York Court of Appeals · 1897
- People ex rel. Brown v. PurdyAppellate Division of the Supreme Court of the State of New York · 1919