TRUSTCO BANK, NATIONAL ASSOCIATION v. EAKIN, JR.


256 A.D.2d 778 (1998)

681 N.Y.S.2d 410

TRUSTCO BANK, NATIONAL ASSOCIATION, Appellant, v. ROBERT J. EAKIN, JR. et al., Respondents, et al., Defendants.

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

Decided December 10, 1998.


Carpinello, J.

On this appeal from an order in which Supreme Court refused to enter a deficiency judgment in favor of plaintiff, we are asked to determine who is responsible for vandalism which occurs when the mortgagors, mortgagee and court-appointed receiver of rents all do nothing to secure a vacant mortgaged premises during the pendency of a foreclosure action. Supreme Court concluded that plaintiff, the mortgagee, was responsible for advancing sufficient funds...

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