City Dime Savings & Loan Ass'n v. Lobdell 59 N.Y. St. Rptr. 891

Ho opinion. Order so modified as to vacate the judgment for deficiency, and direct a resale of the premises upon the condition that the defendants LohdeR and Mings, within 10 (lays after the service of this order, with notice of entry thereof upon their attorney, file security with the clerk of Erie county for th<s payment of thu costs ami disbursements in the action, and the fees and disbursements of the referee who made tile sale of April 30,1893, to an amount not exceeding the deficiency, if there be one upon the resale, and that such security be a bond or undertaking executed by the defendants, and by a surety to be approved by a judge of this court, and as so modified affirmed, without costs of this appeal to either party.