CONTICOMMODITY SERV v. HALTMIER


67 A.D.2d 480 (1979)

Conticommodity Services, Inc., Respondent, v. Robert F. Haltmier, Appellant

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

May 14, 1979


Attorney(s) appearing for the Case

Santemma, Costigan & Murphy, P. C. (George B. Costigan, Jr., of counsel), for appellant.

Chadbourne, Parke, Whiteside & Wolfe (Daniel J. O'Neill, Thomas A. Dubbs and Lisa Kennedy of counsel), for respondent.

RABIN, J. P., GULOTTA, SHAPIRO and MANGANO, JJ., concur.


Per Curiam.

Plaintiff seeks to foreclose a mortgage and to recover money damages. Defendant appeals from (1) a judgment which (a) granted foreclosure and (b) awarded plaintiff the sum of $61,747.76 as damages, and (2) a subsequent order of the same court which denied his motion for a new trial.

The judgment should be modified so as to reduce the amount awarded therein as damages to reflect the sums, if any...

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