Title Guarantee & Trust Co. v. 2846 Briggs Avenue, Inc.

Appeal by plaintiff, by permission of the Appellate Division, first department, from an order of that court, affirming, one justice dissenting, an order of Special Term dismissing the complaint pursuant to section 1077-e of the Civil Practice Act. The following question was certified: “ Upon the record herein is the defendant-respondent required to pay interest at the rate of six per cent? ”

This is an action to foreclose a mortgage on real property. The alleged default is in payment of an installment of interest alleged to be due at the rate of six per cent per annum. Payment of the interest…