207 Realty Associates v. 210 Central Park North Realty Corp.

OPINION OF THE COURT

David B. Saxe, J.

This is a motion by nonparty movant Surie Holding Company, the title owner of premises at 207th West 110th Street, *685New York City. The parties herein are, respectively, plaintiff mortgagee and defendant mortgagor. The underlying cause of action is for mortgage foreclosure against the premises. Having received a deed to the premises, the agent of movant Surie tendered a certified check payable to the order of plaintiff on January 20, 1988, in the sum of $223,632. Plaintiff, although appearing in opposition to the instant motion, does not dispute that this…