Order unanimously reversed, without costs, and plaintiff's motion granted.
Memorandum:
Special Term erred by invoking equity powers to deny summary judgment in this foreclosure action. A mortgagor is bound by the terms of the contract as made and cannot be relieved from default, if one exists, in the absence of waiver, estoppel, bad faith, fraud, or oppressive or unconscionable conduct on the mortgagee's part (Graf v Hope Bldg. Corp., 254 N.Y. 1;
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