National Bank of North America v. Cohen

Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered December 30, 1981 in Columbia County, which granted defendant Cohen’s motion and (1) canceled the scheduled foreclosure sale, (2) vacated the judgment of foreclosure and sale, and (3) dismissed plaintiff’s mortgage foreclosure action subject to the payment by defendant Cohen to plaintiff of arrears owed on said mortgage, together with plaintiff’s costs and disbursements in the action. Reva Cohen gave a mortgage to plaintiff bank as security for a loan of $43,000, with an 8.5% annual interest rate, to finance the…