Franklin Society for Home-Building & Savings v. Flavin

As appellant failed to show that he had a defense to the action in foreclosure, the motion for summary judgment was properly granted. We think, too, that the Special Term was warranted in denying appellant’s application for a stay of the proceeding. (Federal Soldiers’ and Sailors’ Civil Belief Act of 1940, 54 U. S. Stat. 1178 [as amd. by Act of October 6, 1942, Public Law 732, 77th Cong., ch. 581, [2d] sess. H. R. 7164], §§ 201, 302, subds. [2] and [3]; U. S. Code, tit. 50, appendix, §§ 521, 532, subds. [2], [3].) Appellant’s defaults in payment of principal, interest and taxes occurred long…