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BORENSTEIN v. ROCHEL PROPS., INC.

216 A.D.2d 34 (1995)

627 N.Y.S.2d 676

Abraham Borenstein et al., Plaintiffs, v. Rochel Properties, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Meyer Rispler et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants

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

June 8, 1995

The court was within its authority in rejecting the report of the Special Referee made after a hearing to compute the deficiency judgment to be awarded against the guarantors after a foreclosure sale as unsupported by the record (CPLR 4403; see, Kardanis v Velis, 90 A.D.2d 727). Third-party plaintiffs presented uncontroverted expert testimony of the fair market value of the premises, and undisputed testimony that the condition...

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