Di Bart v. Erhal Holding Corp.

In a mortgage foreclosure action, defendant Erhal Holding Corp. appeals from a judgment of foreclosure and sale of the Supreme Court, Westchester County, entered July 20, 1977, after a nonjury trial. Judgment reversed, on the law, with costs, and complaint dismissed. The respondents are the mortgagees of a parcel of property located in the Town of Cortlandt. The mortgage provides for monthly payments of $500.95. In January, 1975 appellant, a second mortgagee, obtained title to the property by deed after the mortgagors failed to make the November and December, 1974 payments. In April, 1975…