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First National Bank of Boston v. Schumacher

Appellate Division of the Supreme Court of New York, Second Department
Sep 23, 1996
231 A.D.2d 603 (N.Y. App. Div. 1996)

Opinion

September 23, 1996.

In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated July 19, 1995, as, upon granting reargument, adhered to its prior determination denying the plaintiff's application for a deficiency judgment.

Before: Thompson, J.P., Altaian, Hart and Florio, JJ.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the plaintiff's contentions, it has not demonstrated its entitlement to a deficiency judgment. The decretal provision of the judgment of foreclosure and sale was insufficient to adjudicate liability for a deficiency ( see, The Pines at Setauket v Retirement Mgt. Group, 223 AD2d 539).


Summaries of

First National Bank of Boston v. Schumacher

Appellate Division of the Supreme Court of New York, Second Department
Sep 23, 1996
231 A.D.2d 603 (N.Y. App. Div. 1996)
Case details for

First National Bank of Boston v. Schumacher

Case Details

Full title:FIRST NATIONAL BANK OF BOSTON, Appellant, v. DONALD SCHUMACHER…

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

Date published: Sep 23, 1996

Citations

231 A.D.2d 603 (N.Y. App. Div. 1996)
647 N.Y.S.2d 977