Ford v. Waxman

In a mortgage foreclosure action, defendant appeals from an order of the Supreme Court, Orange County, dated January 13, 1975, which granted plaintiffs’ motion for summary judgment. Order affirmed, with $50 costs and disbursements. The question before us is whether the papers submitted on the motion raise issues of fact which require a trial. Defendant purchased certain property from plaintiffs, who took back a purchase-money mortgage from him as the sole mortgagor. At the closing, which defendant did not attend, plaintiffs were evidently informed that one half of each mortgage payment would…