Stevens v. Dogoli

Order unanimously modified on the law and as modified affirmed with costs to defendant and judgment granted, in accordance with the following memorandum: There is no merit to plaintiffs’ contention that the trial court erred in granting summary judgment dismissing their complaint. They sought a declaration that the bond and mortgage given to defendant had been paid in full. The bond and mortgage superseded an earlier purchase contract (77 NY Jur 2d, Mortgages and Deeds of Trust, § 79), which stated an amount for final payment. No final amount was included in the bond and mortgage, although…