SCELZA v. RYBA


10 Misc.2d 186 (1957)

Claudio Scelza, Plaintiff, v. Steve W. Ryba et al., Defendants.

Supreme Court, Special Term, Nassau County.

December 2, 1957.


Attorney(s) appearing for the Case

Hyman Asheroff for plaintiff.

Frank H. Curry for Steve W. Ryba and another, defendants.


HOWARD T. HOGAN, J.

This is an action to foreclose a mortgage upon real property. Defendants deny they were in default, and allege as an affirmative defense that they made due and timely payment of the installment of principal and interest in question, which amounted to a total of $77.55.

It appears that on June 4, 1956 defendants gave to plaintiff a purchase-money mortgage in the amount of $11,750, which provided for interest and an installment...

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