2301 Jerome Avenue Realty Corp. v. Di Paolo

OPINION OF THE COURT

Joan B. Lefkowitz, J.

The defendant mortgagor, Salvatore Di Paolo, moves for an order directing the plaintiff mortgagee (2301) to assign the mortgage to a third-party lender. The plaintiff cross-moves for attorney’s fees pursuant to a stipulation of the parties made *384September 30, 1999, which stipulation attempted to resolve the mortgage foreclosure proceeding.

Since an action to foreclose a mortgage is equitable in nature (River Bank Am. v Stabile, 216 AD2d 104 [1st Dept 1995]) and, prior to an actual sale in foreclosure, the court is authorized to condition any enforcement…