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Metropolitan Life Insurance Company v. Goldman

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1935
244 App. Div. 890 (N.Y. App. Div. 1935)

Opinion

May, 1935.

Present — Sears, P.J., Edgcomb, Thompson, Crosby and Lewis, JJ.


Order affirmed, with ten dollars costs and disbursements. Memorandum: It is to be noted that no motion or request was made by the movant for the calling of the witnesses and that the affidavit and verified certificate presented by the movant merely state a minimum limit of value presumably at a time when according to several affidavits presented by the respondent there was no market value. The movant's papers do not show that there was a market at the time of the sale. All concur, except Edgcomb, J., who dissents and votes for reversal on the authority of New York Life Insurance Co. v. Guttag Corp. ( 265 N.Y. 292). (The order denies leave to enter a deficiency judgment in a mortgage foreclosure action.)


Summaries of

Metropolitan Life Insurance Company v. Goldman

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1935
244 App. Div. 890 (N.Y. App. Div. 1935)
Case details for

Metropolitan Life Insurance Company v. Goldman

Case Details

Full title:METROPOLITAN LIFE INSURANCE COMPANY, Appellant, v. HYMAN GOLDMAN and…

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

Date published: May 1, 1935

Citations

244 App. Div. 890 (N.Y. App. Div. 1935)