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VOSS v. MULTIFILM CORP. OF AM.

112 A.D.2d 216 (1985)

Sandra Voss Formerly Known as Sandra Schwartz, Respondent, v. Multifilm Corporation of America et al., Defendants. Ernest Eckstein, Intervenor-Appellant

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

July 8, 1985

Judgment reversed, on the law, with costs, and plaintiff's motion for a deficiency judgment denied.

In the instant case, the mortgaged property was purchased by the plaintiff mortgagee at a foreclosure sale conducted on December 8, 1981, and a deed was delivered to the plaintiff on that date. Plaintiff initially moved for a deficiency judgment by notice of motion dated January 26, 1982, but, by order entered February 26, 1982, Special Term "denied" the motion "with...

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