Central Hanover Bank & Trust Co. v. Boccia

The plaintiff, by notice of motion in this foreclosure action, applied for confirmation of the referee’s report of sale and for leave to enter a deficiency judgment for $1,200.47 against the defendant, respondent, Michael Boccia, and defendant Mary Boccia. Plaintiff’s motion was made and heard within ninety days after the delivery of the referee’s deed, but more than ninety days after the property was offered at public auction by the referee. Defendant Michael Boccia opposed the application, in so far as request was made for a deficiency judgment, on the grounds, first, that the application…