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Iser v. Herbert Mark Building Corp.

234 A.D. 624 Court N.Y. App. Div. English

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p. 624
Morris Iser, Respondent, v. Herbert Mark Building Corp., Inc., and Others, Defendants, Impleaded with Meyer Hurwitz, Appellant.

Order confirming and modifying report of official referee reversed on the law, with costs, motion denied and proceeding dismissed, without costs. After the entry of judgment of foreclosure and sale, the court was without jurisdiction to grant the relief sought. Furthermore, there could be no deficiency until title had been taken. Lazansky, P. J., Hagarty, Seudder, Tompkins and Davis, JJ., concur.