Weil v. Better Class Homes Corp. — 242 A.D. 700

Majority

p. 700

Simon Weil, Appellant, v. Better Class Homes Corporation and Others, Defendants, and Cross Bay Lumber Co., Inc., Respondent.

Order holding that plaintiff is not entitled to a deficiency judgment reversed on the law and the facts, with costs, and judgment for a deficiency of $311.38 is directed for plaintiff, with costs. The undisputed evidence shows the valuation on the day of the sale of at least $4,000. The total debt, inclusive of principal, interest, taxes, fees, etc., amounted to $4,311.38. In view of this disposition, the appeal from the order denying motion to confirm the referee’s report is dismissed. Lazansky, P. J., Young, Rapper, Carswell and Tompkins, JJ., concur.