Carroll v. Miller

In an action for declaratory and injunctive relief, the defendant Ruth Miller appeals from a judgment of the Supreme Court, Queens County (Durante, J.), which, upon a nonjury trial, awarded judgment in favor of the plaintiffs declaring that a prepayment privilege in a "wraparound” mortgage executed by the plaintiffs to Miller created an implied obligation on the part of Miller to satisfy the underlying mortgage on the property upon prepayment of the "wrap-around”, and awarded the plaintiffs damages for lost interest in the amount of $16,005.37.

*493Ordered that the judgment is reversed, on the…