Rassner v. R. H. Properties, Inc.

McNally, J. (dissenting).

In this foreclosure action the sole issue is whether plaintiffs are estopped from establishing the undisputed balance due on the mortgage sought to be foreclosed. Plaintiffs’ motion for summary judgment has been denied.

The mortgage note, dated August 1, 1956, is in the sum of $111,000. It is secured by a second mortgage on three parcels of real property within New York County. The unpaid balance is $28,125, with interest from May 1, 1966.

The second mortgage, which is the mortgage involved, is a purchase money mortgage. It was executed in behalf of Misnan Corp., the…