Manufacturers & Traders Trust Co. v. Tommell

OPINION OF THE COURT

William H. Keniry, J.

This is an action to foreclose a first mortgage on a 1.55-acre tract of land located in the Town of Malta, Saratoga County.

Plaintiff bank moves for summary judgment. Defendant Paul F. Tommell opposes the motion raising a somewhat novel *527argument that a judgment foreclosing a mortgage and authorizing a judicial sale of a tract of land cannot be granted by the court until subdivision approval is given by the Planning Board of the Town of Malta.

On March 29, 1990 defendants Tommell and Petherick purchased two tracts of land from defendant Duncan, a…