New York Court of Appeals

Jacob Heiman, Appellant v. Henry Bishop, Respondents, Impleaded With Others

November 24, 1936272 N.Y. 83

Summary

The Court of Appeals held that under section 1083‑a of the Civil Practice Act the trial court must determine a fair and reasonable market value of foreclosed property using all relevant evidence, even when no active market exists, and therefore reversed the lower court’s denial of a deficiency judgment and remanded for a new determination.