Mariash v. Bastianich

Bloom and Milonas, JJ.,

dissent in a memorandum by Milonas, J., as follows: I would affirm the order denying appellant’s motion for summary judgment. In February of 1979, defendants-respondents Bastianich purchased a building from plaintiff-appellant Mariash and executed a purchase-money mortgage in the amount of $450,000 with interest at the rate of 9Vz% for a period of 10 years. Pursuant to the terms of the mortgage, payments were due between the 9th and 24th of each month under a 15-day grace clause. Respondents renovated the ground-level portion of the premises for a cost in excess of…