Community Savings Bank v. Shaad

Judgment unanimously modified, and, as modified, affirmed, without costs and matter remitted to Supreme Court, Jefferson County, and the referee for further proceedings in accordance with the following memorandum: The judgment of foreclosure was properly entered in behalf of plaintiff. Defendant’s argument that plaintiff was not entitled to judgment because it *1064improperly refused to assign the mortgage to a third party is without merit. In order for defendant to be entitled to an assignment of the mortgage in lieu of a certificate of discharge, it was incumbent upon him to demand such…