In re Joshua Associates

— Order of Supreme Court, New York County (Hilda G. Schwartz, J.), entered November 30, 1983, granting reargument and adhering to an original order denying the petition and dismissing this proceeding, unanimously modified, on the law and the facts, and the petition is granted to discharge the mortgage upon payment of the balance due thereon, and otherwise affirmed, with costs to petitioner. The amount due on the mortgage should be set forth in an order to be settled.

Petitioner’s assignor purchased the property in question by contract from respondent’s husband in 1980. Respondent had acquired…