United States Trust Co. v. Schliep

Headnote

Mortgage—Foreclosure—Judgment—Amendment.

A foreclosure judgment cannot, after sale thereunder, be amended by Inserting deficiency provision.

Action by the United States Trust Company of New York, as substituted trustee, against Louis C. Schliep and others, to foreclose a mortgage made by defendant Schliep on premises in Brooklyn. The^ complaint demanded a deficiency judgment against defendant Schliep. Judgment was taken by default after defendant had appeared in the action, but no provision was made therein Sor a, deficiency. • On the sale of the premises under the judgment of

foreclosure, there was a deficiency amounting to $435.34.' Plaintiff now moves to amend the judgment by inserting therein á deficiency clause.