GOLDBERG v. DANANN REALTY CORP.


30 Misc.2d 894 (1961)

Abraham Goldberg, Plaintiff, v. Danann Realty Corp., Defendant.

Supreme Court, Special and Trial Term, New York County.

June 16, 1961


Attorney(s) appearing for the Case

Eckhaus & Eckhaus (Joseph Eckhaus of counsel), for plaintiff. Henkin & Henkin (Leonard M. Henkin of counsel), for defendant.


SAMUEL H. HOFSTADTER, J.

In this action to foreclose a purchase-money mortgage on a leasehold the sole issue is whether the mortgage should be held to have become due on March 31, 1960, the date of maturity stated in the mortgage and in the mortgage note, payment of which it secures, or whether the note and mortgage should be reformed into a self-liquidating note and mortgage, payable in quarterly installments...

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