Mailloux v. Spuck

Appeal from an order of the Supreme Court at Special Term (Pitt, J.), entered October 14, 1981 in Albany County, which granted defendant City and County Savings Bank’s motion for summary judgment as to plaintiff’s cause of action for an equitable lien on real property. On September 1, 1976, defendant Robert Spuck and plaintiff executed a written contract for • the sale to Spuck of certain real property owned by plaintiff at a price of $70,000. This contract provided that plaintiff was to take back a noninterest bearing mortgage in the amount of $70,000, payable at $300 per month for 36…