Getlan v. Hofstra University

In an action to foreclose a purchase money fourth mortgage, plaintiffs appeal from an order of the Supreme Court, Nassau County, entered August 11, 1972, which denied their motion to dismiss defendant’s eight affirmative defenses and for summary judgment. Order affirmed, with $20 costs and disbursements. While we disagree with the position taken by Special Term that interest does not constitute part of the mortgage debt (see Marks, Maloney & Paperno, Mortgages & Mortgage Foreclosure in N. Y., .§ 94; White V. Wielandt, 259 App. Div. 676, affd. 286 N. Y. 609; Real Property Law, § 254, subd. 3),…