General

John Monaghan, Appellant, v. John F. May and Anna May, Also Known as Mrs. John May, Respondents, and Harry L. Weiss and Others, Defendants

242 A.D. 733·New York Supreme Court, Appellate Division·1934·NY

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Opinion

John Monaghan, Appellant, v. John F. May and Anna May, Also Known as Mrs. John May, Respondents, and Harry L. Weiss and Others, Defendants. [MAJORITY] There being no opposition, the motion for reargument is granted and upon reargument the decision of this court dated July 3, 1934 [ante, p. 64], is modified so as to provide for an affirmance of the order in so far as appealed from, without costs. While the Special Term only found that the “ mortgage debt ” (not that item and costs) had been fully satisfied, it also found that the value of the property was $25,000, which amount is in excess of the mortgage debt and the costs; hence the previous modification allowing a deficiency judgment for costs is eliminated. Present — Lazansky, P. J., Young, Carswell, Seudder and Tompkins, JJ.