Costa v. Parry

In an action to recover on a purchase-money mortgage note given by the defendant upon the plaintiff’s sale of property to him, the defendant appeals from an order of the Supreme Court, Westchester County (Daronco, J.), dated August 5, 1985, which denied his motion for summary judgment dismissing the complaint.

Order affirmed, with costs.

We reject the defendant’s contention that he has established an equitable estoppel defense as a matter of law so as to entitle him to summary judgment. Estoppel may be applied in an appropriate case in order to avoid the working of a fraud or injustice upon one…