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Carretta v. Evans

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1938
254 App. Div. 773 (N.Y. App. Div. 1938)

Opinion

May 27, 1938.


Appeal from resettled order referring plaintiff's motion for a deficiency judgment in an action for the foreclosure of a mortgage to an official referee to take evidence and report, with his opinion, dismissed, without costs, on the ground that it is not appealable. ( Luttenberger v. Alpert Woodworking Corp., 252 App. Div. 862; Warshow v. Herron, 254 id. 699.) The entry of a deficiency judgment may not be upheld, in view of our decision in Clinton Trust Company v. Mahoney ( 252 App. Div. 763). Lazansky, P.J., Hagarty, Carswell, Davis and Taylor, JJ., concur.


Summaries of

Carretta v. Evans

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1938
254 App. Div. 773 (N.Y. App. Div. 1938)
Case details for

Carretta v. Evans

Case Details

Full title:RALPH A. CARRETTA, as Trustee, under a Declaration of Trust for the…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 27, 1938

Citations

254 App. Div. 773 (N.Y. App. Div. 1938)

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