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ESQUIRE FACTORS CORP. v. DICA PAPER MFG. CO., INC.

9 A.D.2d 596 (1959)

Esquire Factors Corp., Respondent, v. Dica Paper Manufacturing Company, Inc., et al., Defendants, and Frank Fornabio, Sr., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 13, 1959

In this application for deficiency judgment in a foreclosure action defendant-appellant filed an affidavit putting at issue the market value of the property as asserted in the moving affidavit on the application. The court granted the motion on the papers. The issue of fact on market value thus presented could not be determined on affidavits. It required a hearing for its valuation (New York Life Ins. Co. v. Guttag Corp., 265 N.Y. 292; Central Hanover Bank &...

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