Metropolitan Life Insurance v. Goldman

Order affirmed, with ten dollars costs and disbursements. Memorandum: It is to be noted that no motion or request was made by the movant for the calling of the witnesses and that the affidavit and verified certificate presented by the movant merely state a minimum limit of value presumably at a time when according to several affidavits presented by the respondent there was no market value, The movant’s papers do not show that there was a market at the time of the sale. All concur, except Edgeomb, J., who dissents and votes for reversal on the authority of New York Life Insurance Co. v. Guttag Corp. ( 265 N. Y. 292 ). (The order denies leave to enter a deficiency judgment in a mortgage foreclosure action.) Present — Sears, P. J., Edgeomb, Thompson, Crosby and Lewis, JJ.