Siren Realty Corp. v. Biltmore Productions Corp.

Order, entered September 2, 1966, denying the motion of plaintiff-appellant for summary judgment, unanimously reversed, on the law, *520with $50 costs and disbursements to plaintiff-appellant, and the motion is granted. Plaintiff mortgagee brought suit to foreclose a purchase-money first mortgage upon property owned by defendant mortgagor. Mortgagor admits that it has defaulted in payments of principal, interest and real estate taxes but claims that oral agreements between the parties bar this action. Allegedly, the mortgagee agreed not to foreclose the mortgage until such time as the property…