Ordered that the order is affirmed insofar as appealed from, with costs.
The appellant contends that the court was without power or authority to vacate that portion of the judgment of foreclosure and sale which provided for the entry of a deficiency judgment, since the defendant failed to raise that issue at the time the foreclosure was litigated and failed to take an appeal from the judgment of foreclosure itself. The appellant is mistaken. It is a well-settled principle...
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