Majority
p. 805Albert Levy and Others, Copartners, etc., Respondents, v. Nicola Carbone and Another, Appellants.
Judgment modified by striking out the provision therein making Rosie Carbone liable for any deficiency which may arise upon the sale of the mortgaged property, and, further, by an appropriate provision directing the return to Rosie Carbone of the diamond earrings pledged by her in the event that the mortgaged real estate brings an amount sufficient to pay the plaintiffs’ claim; and as modified unanimously affirmed, without costs.
Present — Kelly, P. J., Rich, Jaycox, Manning and- Kapper, JJ.