Gutbrodt v. Gutbrodt

—Appeal from an order of the Supreme Court at Special Term, entered May 10, 1978 in Rensselaer County, which denied appellant’s request that a judgment of foreclosure and sale be vacated and that he be allowed to interpose an answer or otherwise move in respect to plaintiffs complaint. On June 14, 1972, appellant executed a bond and mortgage to plaintiffs pursuant to which he was to make quarterly interest payments and pay the $20,000 principal amount within a five-year period. None of these payments was ever made, and on December 10, 1977 a mortgage foreclosure action was commenced by…