LINCOLN BANK v. HEALY


86 Misc.2d 373 (1976)

Lincoln First Bank of Rochester, Plaintiff, v. Barbara J. Healy et al., Defendants.

Supreme Court, Monroe County.

April 13, 1976


Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (John B. Hood of counsel), for plaintiff. Dean J. Fero for Barbara J. Healy, defendant. Egan & Egan (Harris, Beach & Wilcox of counsel), for Patrick S. Egan, defendant.


EDWARD O. PROVENZANO, J.

This is a motion by plaintiff for leave to enter a deficiency judgment pursuant to section 1371 of the Real Property Actions and Proceedings Law, together with a cross motion to deny the same. The matter is complicated by, and, unfortunately, must be decided upon two otherwise picayune points of law.

The subject premises were duly sold on September 17, 1975 pursuant to a judgment...

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