Jennie G. Walter and Others, as Executors, etc., of Abraham Walter, Deceased, Respondents, v. Nova Realty Company, Appellant, Impleaded with Jumel Realty and Construction Company and Others, Defendants

Jennie G. Walter and Others, as Executors, etc., of Abraham Walter, Deceased, Respondents, v. Nova Realty Company, Appellant, Impleaded with Jumel Realty and Construction Company and Others, Defendants. First Department, January 22, 1914. See head note in Metzger v. Nova Realty Co. (ante, p. 894), . Appeal by the defendant, Nova Realty Company, from so pauch. of a judgment .of the ■ Supreme Court in favor of the ’ plaintiffs, entered in the office of the clerk of- the county of New York on the 15th day of March, 1913, as directs a deficiency judgment against the defendant Nova Realty Company. William B. Symmes, Jr., of counsel [Davis, Symmes & Schreiber, attorneys], for the appellant. Samuel Levy of counsel [Reuben Rodecker with him on the brief], Arnstein, Levy & Pfeiffer, attorneys, for the respondents. [MAJORITY — Clarke, J.:] Clarke, J.: The facts are in all respects similar to those m- Metzger v. Nova Realty Co. (160 App. Div. 394), decided herewith, both cases having been tried together. . For the reasons stated in the opinion in the last-mentioned case, the judgment should be modified by striking out so much thereof as directs a deficiency judgment against the defendant Nova Realty Company, with costs to the appellant. Ingraham, P. J., McLaughlin, Laughlin and Scott, JJ., concurred. Judgment modified as stated in opinion, with costs to the appellant. Order to be settled on notice.