Buffalo Savings Bank v. Polish Catholic Church of the Holy Mother of the Rosary

This is an application to modify the judgment herein by striking out the provision for the pay*344ment of interest on the judgment. The defendant church claims, first, that the plaintiff, the mortgagee, was paid in full out of the moneys realized on the former sale, and has retained those moneys, and therefore cannot claim interest on them. The purchaser, the Diocese of Buffalo, did pay after the former sale the amount of the plaintiff’s claim in full, and those moneys have been retained by the plaintiff down to the present time. By the order of the Appellate Division the sale pursuant to which…