New York Conference Ass'n v. 915 James Street Associates, Ltd.

This is an appeal from an order which denied plaintiff’s motion for summary judgment in action No. 3 between the parties.

Plaintiff seeks to recover an indebtedness alleged to be due on an obligation secured by a purchase-money mortgage on certain property in Syracuse. For a complete affirmative defense defendants allege an oral agreement under which plaintiff temporarily retained possession and use of a portion of the mortgaged premises in return for its promise to maintain and protect a building on the premises and insure the same against loss by fire. They further allege that plaintiff…