Lorenzo v. Bussin

In an action by an executrix to cancel and discharge of record a mortgage (Real Property Law, § 500, subd. 4), the appeal is from an order and judgment (one paper) granting summary judgment, on respondent’s motion, for the relief demanded in the complaint. Order and judgment reversed, with $10 costs and disbursements, and summary judgment granted dismissing the complaint. The letters of the testator (the mortgagor) dated November 6, 1944 and October 25, 1944 acknowledged the barred debt. The letter of November 6 reads: “I owe you three thousand dollars with interest. If I had the money I…