COLONY NYRO PARTNERS v. MERRITT & CO.


231 A.D.2d 547 (1996)

647 N.Y.S.2d 108

Colony Nyro Partners, L.P., Respondent, v. Merritt & Company, Appellant

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

September 16, 1996


Ordered that the orders are affirmed, with one bill of costs.

Having concluded that pursuant to the consolidation agreement the defendant would be liable for any deficiency judgment to the extent of the rents willfully misappropriated, the Supreme Court properly directed that the ultimate judgment of foreclosure and sale should contain the language required to adjudicate the plaintiff's right to obtain a deficiency judgment for the misappropriated rents, if any, pursuant...

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