Opinion
January, 1930.
Present — Lazansky, P.J., Rich, Kapper, Carswell and Scudder, JJ. Settle order on notice.
Judgment modified by providing that the sum of $400 be credited to appellant on the deficiency judgment, and as so modified unanimously affirmed, without costs. The evidence clearly shows that appellant was entitled to an allowance of $400, and this amount should be credited on the deficiency judgment. The judgment roll previously entered is received by this court in support of an affirmance of the judgment. ( Dunham v. Townshend, 118 N.Y. 281, 286; Karfiol v. City of New York, 119 App. Div. 70.) Findings of fact numbered 24 to 31, inclusive, conclusions of law numbered 7 and 8, and inconsistent findings and conclusions with respect to the said sum of $400 are reversed, and new findings, incorporating recitals covering the history of the case, without interpreting the effect or consequence of what was done, will be substituted therefor.