Hyperlawhypertext legal database City Dime Savings & Loan Ass'n v. Lobdell 28 N.Y.S. 1134

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City Dime Savings & Loan Ass'n v. Lobdell

28 N.Y.S. 1134 Court N.Y. Gen. Term Decision date 1894-03-27 English

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p. 1134
CITY DIME SAVINGS & LOAN ASS’N, Respondent, v. LOBDELL et al., Appellants (two cases).
(Supreme Court, General Term, Fifth Department.
March 27, 1894.)

Headnote

Action by the City Dime Savings & Loan Association against William A. Lobdell and George F. Mings, impleaded, etc.
Argued before DWIGHT, P. J., and HAIGHT and BRADLEY, JJ.

No opinion. Order so modified as to vacate the judgment for deficiency, and direct a resale of the premises upon the condition that the defendants Lob-dell and Mings, within 10 days after the service of this order, with notice of entry thereof upon their attorney, file security with the clerk of Erie county for the payment of the costs and disbursements in the action, and the fees and disbursements of the referee who made the sale of April 20, 1893, to an amount not exceeding the deficiency, if there be one upon the resale, and that such security be a bond or undertaking executed by the defendants, and by a surety to be approved by a judge of this court, and as so modified affirmed, without costs of this appeal to either party.