1300 REALTY v. STRATIGAKIS


186 Misc.2d 745 (2000)

720 N.Y.S.2d 725

1300 AVENUE P REALTY CORP., Respondent, v. NICHOLAS STRATIGAKIS et al., Appellants.

Supreme Court, Appellate Term, Second Department.

December 5, 2000.


Attorney(s) appearing for the Case

Wolman, Babitt & King, L. L. P., New York City (Derek A. Wolman of counsel), for appellants.

Newman & Berger, New York City (Marc Z. Newman of counsel), for respondent.

ARONIN, P. J., SCHOLNICK and PATTERSON, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Order unanimously modified by granting partial summary judgment dismissing plaintiff's cause of action for recovery of payment of late charges, and, as so modified, affirmed, without costs.

On or about July 16, 1993, plaintiff executed a purchase-money mortgage and note in favor of defendant Nicholas Stratigakis, for the sum of $600,000, bearing an interest rate of 8¾%, and payable in monthly installments of...

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