March v. Marasco
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James E. March, from an order of the Supreme Court, made at the New York Special. Term and entered in the office of the clerk of the county of New York on the 1st day of October, 1914, relieving the respondents, assignees of the purchaser on a judicial sale, from completing said sale and directing the payment of certain moneys to them by the referee.
1Opinion of the Court
Dowling, J.:
This action was brought for the foreclosure of a second mortgage amounting to $25,000 on premises situated at Broome and Mott streets in the city of New York on which there was a first mortgage of $142,500. On June 23, 1914, at a public sale duly held by the referee appointed by the Supreme Court, the premises were knocked down to Antonio Fauci for $31,475, and he signed the terms of sale, which were prepared after submission to and revision by his attorney, and at the same time paid a deposit of $3,147.50 to the referee. The time set for closing-title was July 23, 1914, at noon,…
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