Hamm v. Slavin

—Mikoll, J. P.

Appeal from a judgment of the Supreme Court (Connor, J.), entered September 29, 1997 in Schoharie County, upon a decision of the court in favor of plaintiff.

These litigants have been previously before us in matters stemming from the sale of real estate by plaintiff to defendants which also underlies the instant matter (see, Hamm v Slavin, 215 AD2d 896; Slavin v Hamm, 210 AD2d 831).

In this proceeding the precise issues are (1) whether plaintiff is entitled to foreclose on his mortgage lien upon the premises, and (2) whether defendants have stated a valid defense to the action…