Calce v. Futterman

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered September 19, 1991, which, inter alia, granted defendants’ motion for summary judgment dismissing the causes of action relating to the interpretation of the prepayment provision of the mortgage and denied plaintiffs’ cross motion for summary judgment; and from an order and judgment of the same court and Justice, entered July 26, 1992, which dismissed the petition pursuant to RPAPL 1921 to compel acceptance of the mortgage balance and discharge and cancel a purchase money mortgage, unanimously affirmed, without costs.

In…