DUFFY v. HOBAICA


170 A.D.2d 1031 (1991)

Frank Duffy et al., Respondents, v. Gregory Hobaica, Defendant and Third-Party Plaintiff-Respondent. Moses L. Goldbas et al., Third-Party Defendants-Appellants

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

February 1, 1991


Judgment unanimously affirmed with costs.

Memorandum:

Third-party defendants-mortgagees appeal from an order that granted the motion of defendant/third-party plaintiff-mortgagor for summary judgment specifically enforcing a provision of a mortgage requiring the mortgagees to release a part of the mortgagor's property from the encumbrance. The mortgagees contend that the mortgagor is in default of the tax payment...

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