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GETLAN v. HOFSTRA UNIV.

41 A.D.2d 830 (1973)

Marvin Getlan et al., Copartners, Doing Business as Marvel Co., Appellants, v. Hofstra University, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 2, 1973

Order affirmed, with $20 costs and disbursements.

While we disagree with the position taken by Special Term that interest does not constitute part of the mortgage debt (see Marks, Maloney & Paperno, Mortgages & Mortgage Foreclosure in N. Y., § 94; White v. Wielandt, 259 App. Div. 676, affd. 286 N.Y. 609; Real Property Law, § 254, subd. 3), we find it unnecessary to rely on that ground. Under CPLR 3019 (subd. [a]), "A counterclaim may be any...

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