Southold Savings Bank v. Fisher

Plaintiff, the holder of a bond and mortgage, started an action in the Municipal Court of the City of New York, Borough of Queens, wherein it pleaded three causes of action: (1) for unpaid interest; (2) for an installment of principal which plaintiff claims defendant became obligated to pay by virtue of section 1077-g of the Civil Practice Act; and (3) for taxes, water charges and penalties. Defendant pleaded the defense of res judicata by reason of a prior default judgment for a similar installment of principal and fbr other items of interest and taxes. Plaintiff moved for summary judgment…