Manufacturers & Traders Trust Co. v. Snow

Appeal from an order of the Supreme Court (Ferradino, J.), entered September 22, 2004 in Saratoga County, which, inter alia, granted plaintiffs motion for summary judgment.

On July 25, 1994, defendants Winthrop E. Snow, Jacquelyn D. Snow and Josephine L. Sheftz (hereinafter collectively referred to as defendants) borrowed $144,700 from plaintiff to purchase a residence located in the Town of Malta, Saratoga County. Their indebtedness was secured by a purchase money mortgage. There is no dispute that they have been in default since 2003, when they ceased making the requisite monthly payments.

In…