NEW YORK BANK FOR SAV. v. H. C. M. REALTY CORP.


54 A.D.2d 929 (1976)

New York Bank for Savings, Respondent, v. H. C. M. Realty Corp., Appellant, et al., Defendants

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

November 8, 1976


Order affirmed insofar as appealed from, with $50 costs and disbursements.

Although appellant admits that it made no payments whatsoever toward the mortgage sought to be foreclosed after May, 1975, it claims that it had a right to do so pursuant to an agreement with the plaintiff bank, under which payments of amortized principal were to be deferred for six months. Assuming that there was such an agreement with the bank, and that it is enforceable, appellant is in...

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