Opinion
January 23, 1950.
In a proceeding pursuant to article 78 of the Civil Practice Act, order directing appellants to issue a certificate of eviction reversed on the law, without costs, and petition dismissed, without costs. The payments in reduction of the mortgages cannot be deemed to be within the scope of the Administrative Code of the City of New York provision which requires the requisite 20% of the purchase price or of the assessed value, whichever shall be greater, be paid in cash to the seller. ( Matter of Brown v. Finkelstein, 275 App. Div. 772; Matter of Goodman v. Finkelstein, 275 App. Div. 949.) Nolan, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur. [ 195 Misc. 989.]