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Clark v. Ames

251 A.D. 791 Court N.Y. App. Div. Decision date 1937-05-19 English

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p. 791
Harold H. Clark, Appellant, v. Allen Ames, Respondent, Nina G. Ames, His Wife, and Others, Defendants.

Order reversed on the law and the facts as matter of discretion and matter remitted to the County Court for a rehearing, with costs to the appellant to abide the event. Memorandum: In review of the inconsistency of the findings as to whether there was or was not a fair and reasonable market value at the date of the foreclosure sale, we have determined to order a rehearing. All concur. (The order denies motion for entry of a deficiency judgment in a mortgage foreclosure action.) Present — Sears, P. J., Edgcomb, Lewis, Cunningham and Taylor, JJ.