DI BART v. ERHAL HOLDING CORP.


60 A.D.2d 879 (1978)

Michael J. Di Bart et al., Respondents, v. Erhal Holding Corp., Appellant, et al., Defendants

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

January 23, 1978


Judgment reversed, on the law, with costs, and complaint dismissed.

The respondents are the mortgagees of a parcel of property located in the Town of Cortlandt. The mortgage provides for monthly payments of $500.95. In January, 1975 appellant, a second mortgagee, obtained title to the property by deed after the mortgagors failed to make the November and December, 1974 payments. In April, 1975 appellant paid respondents the sum of $2,003.80, representing mortgage payments...

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