LaGreco v. Pafundi

— In an action to foreclose a mortgage, the defendant Victor Pafundi appeals from an order of the Supreme Court, Suffolk County (Luciano, J.), dated April 12, 1990, which granted the plaintiffs motion for summary judgment.

Ordered that the order is affirmed, with costs.

The plaintiff presented unrebutted proof that the appellant *661defaulted in making payment as required by the mortgage and note dated July 1, 1987, as amended by the parties’ stipulation dated January 12, 1989. Although the mortgage and stipulation require payment of interest at an annual rate below the legal maximum, the appellant…