General
Elliott L. Brown and Central Hanover Bank and Trust Company, as Trustees under the Last Will and Testament of J. Romaine Brown, Deceased, Appellants, v. Arthur E. Muth, Respondent, and Others, Defendants
258 A.D. 961·New York Supreme Court, Appellate Division·1940·NY
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Opinion
Elliott L. Brown and Central Hanover Bank and Trust Company, as Trustees under the Last Will and Testament of J. Romaine Brown, Deceased, Appellants, v. Arthur E. Muth, Respondent, and Others, Defendants.
[MAJORITY]
In an action to foreclose a mortgage, order confirming the report of an official referee which recommended that plaintiffs’ application for a deficiency judgment be denied, and denying plaintiffs’ cross-motion to remit the matter to the official referee for a further report, unanimously affirmed, with ten dollars costs and disbursements. (Heiman v. Bishop, 272 N. Y. 83.) Present—Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.