Glen Cove Trust Co. v. Salvey

Johnson (C. A.), J.

Foreclosure was for arrears of interest and taxes. The defendant has now paid these arrears, as well as taxable disbursements and twenty-five dollars costs before notice of trial. The question is whether she also must pay sixty-two dollars and fifty cents, as one-half of five per cent of the amount of the mortgage under subdivision 5 of section 1512 of the Civil Practice Act. In Realty Associates Securities Corp. v. 1235 Park Ave. Corp. (152 Misc. 772) the question was not passed upon, although Mr. Justice Cotillo expressed doubt whether subdivision 5 of section 1512…