Majority
p. 1014Mohawk National Bank of Schenectady, N. Y., Respondent, v. Willard J. Grande, William Ellis Gilmour, Adeline C. Wright (Formerly Adeline C. Gilmour), Appellants, Impleaded with Stephen J. Carhardt, Defendant.
Appeal from a deficiency judgment in a mortgage foreclosure. The referee heard the witnesses, viewed the property, and was better qualified to determine values than the Appellate Division. [See post, p. 1019,] Hill, P. J., Crapser and Bliss, JJ., concur; Heffeman and Schenek, JJ., dissent and vote to modify the judgment on the law and facts so as to award plaintiff a deficiency for $3,497.88 and as so modified to affirm, without costs. In our opinion the value of the mortgaged property at the time of the sale was $20,000.