Fort William Henry Corp. v. Lake George Inn, Inc.

Respondent, in this foreclosure action, has obtained an order granting summary judgment from which the record owner appeals. Various defenses and counterclaims were interposed, only two of which merit the attention of this court. The default claimed by the mortgagee amounted to the sum of $41,792.30 consisting of $17,000 in principal and interest payments as well as the sum of $24,792.30 for delinquent taxes. Before the commencement of this action, the State had condemned a portion of the mortgaged premises and had awarded the sum of $42,000 in damages. This amount is still held by the State…