Summary
In Guaranteed Title Mortgage Co. v. Scheffres (246 App. Div. 532) the mortgage debt was $10,500, the sale price was $8,000, and the deficiency was $4,857.58. This inadequacy of price was found to have shocked the conscience of the court and the defendants were given leave to move retroactively for the entry of a judgment which would not finally award recovery of a deficiency (247 App. Div. 294).
Summary of this case from National City Bank v. GelfertOpinion
October, 1935.
Order resettling order granting motion of defendants in a foreclosure action to vacate a deficiency judgment in the sum of $4,857.58, and so much of a further order as confirms the referee's report of sale in all respects, except as a basis for such deficiency judgment against respondents, affirmed, with ten dollars costs and disbursements. It appears that the value of the property exceeded the amount of the judgment. Lazansky, P.J., Young, Hagarty, Carswell and Scudder, JJ., concur.