WESSELMAN v. ENGEL CO.


309 N.Y. 27 (1955)

Henry B. Wesselman et al., as Executors of Blanche Wesselman, Deceased, Respondents, v. The Engel Company, Inc., et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 10, 1955


Attorney(s) appearing for the Case

Zenaida Drabkin and Mortimer H. Koenig for appellants.

Francis S. Bensel and Douglas A. Witschieben for respondents.

CONWAY, Ch. J., FULD, VAN VOORHIS and BURKE, JJ., concur with FROESSEL, J.; DYE, J., dissents in an opinion in which DESMOND, J., concurs.


FROESSEL, J.

Defendants-appellants challenge only the deficiency provisions of the judgment entered against them in this foreclosure action. The facts are sufficiently outlined in the opinion of Judge DYE, with which we agree excepting as to the liability of the appellant estate for taxes and assessments (and interest thereon) totaling $24,442.40, under George C. Engel's guarantee.

The brief, unacknowledged...

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