Jobe v. Akowchek

In an action to foreclose a mortgage on real property, the plaintiff appeals from so much of an order of the Supreme Court, Dutchess County (Hillery, J.), dated March 4, 1998, as denied his motion for summary judgment on the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment is granted.

The defendant agreed to purchase certain real property from the plaintiff for a total sum of $875,000, including a note payable to the plaintiff in the sum of $550,000, secured by a purchase money mortgage. The contract expressly…