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Lincoln Savings Bank of Brooklyn v. Nocella

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1936
247 App. Div. 764 (N.Y. App. Div. 1936)

Opinion

February, 1936.


Order granting the referee to sell in a mortgage foreclosure action an additional allowance of $145 over and above the amount of $100 allowed him in the judgment reversed on the law and the facts, without costs, and motion denied. Under the circumstances shown in this case, it was an abuse of discretion to make an additional allowance to the full amount authorized by statute. ( Chisholm v. Hopson. 182 App. Div. 856, and Lichtenstein v. Globe Tile Co., Inc., 215 id. 828.) Lazansky, P.J., Young, Hagarty, Carswell and Davis, JJ., concur.


Summaries of

Lincoln Savings Bank of Brooklyn v. Nocella

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1936
247 App. Div. 764 (N.Y. App. Div. 1936)
Case details for

Lincoln Savings Bank of Brooklyn v. Nocella

Case Details

Full title:THE LINCOLN SAVINGS BANK OF BROOKLYN, Appellant, v. OTTO NOCELLA and…

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

Date published: Feb 1, 1936

Citations

247 App. Div. 764 (N.Y. App. Div. 1936)