NAT'L LOAN INVESTORS v. GOERTZEL


251 A.D.2d 639 (1998)

676 N.Y.S.2d 605

National Loan Investors, L.P., Respondent, v. Peter Goertzel et al., Appellants

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

June 29, 1998


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the contention of the defendant mortgagors, National Loan Investors, L.P. (hereinafter National Loan), which is the assignee of the mortgage and promissory note, is entitled to the deficiency judgment. In 1991, the mortgagors entered into a stipulation with National Loan's predecessor-in-interest, which provided that the foreclosure action would be discontinued if certain conditions...

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