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BANK OF BARODA v. GARG

247 A.D.2d 312 (1998)

669 N.Y.S.2d 43

Bank of Baroda, Respondent-Appellant, v. Jagadish B. Garg et al., Appellants-Respondents. (And Another Action.)

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

February 24, 1998

The judgment of foreclosure obtained by plaintiff in Albany County Supreme Court stated that plaintiff could recover of defendants "the whole deficiency, or so much thereof as the Court may determine to be just and equitable", remaining after the foreclosure sale, "provided a motion for a deficiency judgment shall be made as prescribed by Section 1371 of the Real Property Actions and Proceedings Law within the time limit prescribed...

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