Macstan Realty Corp. v. Hlavac

Upon reconsideration of this application made pursuant to section 322 of the Beal Property Law to dispense with the production of the original mortgage and to direct its discharge, while the court finds that respondent is entitled to an evidentiary showing on the issue of the ‘ ‘ forgiveness ” provision, it is required to hold that determination of such an issue is outside the scope of the summary proceeding provided by that section.

The application herein is based upon a provision in the mortgage that the balance due at the time of death of the mortgagee shall, if mortgagor is not then in…