Shiffman v. Mancini

Appeal from an order of the Supreme Court at Special Term (Pennock, J.), entered November 4, 1981 in Ulster County, which denied plaintiff’s motion for summary judgment. The relevant facts are undisputed. Plaintiff is the owner and holder of a $10,000 mortgage note executed by defendants John and Jane Mancini* secured by a mortgage upon realty in Ulster County signed by Jane Mancini. No payments on the mortgage debt were ever made by defendants during a period exceeding four years. The subject foreclosure action was commenced in January, 1981. Six counterclaims were asserted in defendants’…