M&T REAL ESTATE TRUST v. DOYLE

CA 11-01573.

93 A.D.3d 1331 (2012)

941 N.Y.S.2d 422

2012 NY Slip Op 2223

M&T REAL ESTATE TRUST, Successor by Merger to M&T REAL ESTATE, INC., Respondent, v. JAMES J. DOYLE, II, et al., Appellants. (Appeal No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 23, 2012.


It is hereby ordered that the order and judgment insofar as appealed from is unanimously reversed on the law without costs and that part of the motion for leave to enter a deficiency judgment is denied.

Memorandum: Plaintiff commenced this action seeking, inter alia, to foreclose certain commercial mortgages and obtain a judgment of foreclosure and sale. Plaintiff was the successful bidder when the property in question was sold at public auction, and it thereafter...

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