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CARROLL v. MILLER

166 A.D.2d 492 (1990)

Gary Carroll et al., Respondents, v. Ruth Miller, Appellant, et al., Defendant

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

October 9, 1990

Ordered that the judgment is reversed, on the law, with costs, and it is declared that the prepayment privilege in the "wrap-around" mortgage executed by the plaintiffs to Ruth Miller does not create an obligation on the part of Miller to satisfy an underlying mortgage upon prepayment of the "wrap-around".

This action arose out of the plaintiffs' purchase of real property from the owner, the defendant Ruth Miller, through...

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