La Porta v. Fretto Enterprises, Inc.

Appeal from an order of the Supreme Court at Special Term (Cerrito, J.), entered June 6, 1983 in Schenectady County, which granted defendant Christopher J. La Flamme’s motion for a trial preference. U On September 30, 1980, at a real estate closing consummating negotiations between plaintiff and defendant Fretto Enterprises, Inc. (Fretto) for the purchase by plaintiff of premises at 864-870 Crane Street in the City of Schenectady, plaintiff gave a second purchase-money mortgage to Fretto in the sum of $19,500 to be paid in three equal annual installments of $6,500. On the same date and as…