Bank of Lake Placid v. Rhino

OPINION OF THE COURT

J. Raymond Amyot, J.

This is an action to foreclose a mortgage on real property owned by the defendant William J. Rhino, Sr. It is not contested that the mortgage is in default and the plaintiff now moves for summary judgment. Only the defendant Janice M. Rhino opposes the motion.

In 1974 William J. Rhino, Sr., and Janice M. Rhino entered into a separation agreement. Based on that agreement the husband sued for divorce in 1976 and the wife counterclaimed for arrears. On her motion in that action an order was made February 19, 1977 which, inter alia, awarded her $100 per week…