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Monaghan v. May

Appellate Division of the Supreme Court of New York, Second Department
Sep 1, 1934
242 App. Div. 733 (N.Y. App. Div. 1934)

Opinion

September, 1934.

Present — Lazansky, P.J., Young, Carswell, Scudder and Tompkins, JJ.


There being no opposition, the motion for reargument is granted and upon reargument the decision of this court dated July 3, 1934 [ ante, p. 64], is modified so as to provide for an affirmance of the order in so far as appealed from, without costs. While the Special Term only found that the "mortgage debt" (not that item and costs) had been fully satisfied, it also found that the value of the property was $25,000, which amount is in excess of the mortgage debt and the costs; hence the previous modification allowing a deficiency judgment for costs is eliminated.


Summaries of

Monaghan v. May

Appellate Division of the Supreme Court of New York, Second Department
Sep 1, 1934
242 App. Div. 733 (N.Y. App. Div. 1934)
Case details for

Monaghan v. May

Case Details

Full title:JOHN MONAGHAN, Appellant, v. JOHN F. MAY and ANNA MAY, Also Known as Mrs…

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

Date published: Sep 1, 1934

Citations

242 App. Div. 733 (N.Y. App. Div. 1934)