Prusaczyk v. Kulo

The plaintiff seeks foreclosure of a mortgage and a deficiency judgment. The defendant denies plaintiff’s right to foreclose and, by a cross complaint set forth in a single count, seeks an accounting of rents, damages for a conversion of the furnishings in the house, an order restoring possession to the defendant, and any other appropriate equitable relief.

The facts are that the defendant bought a thirteen-room house, divided into seven apartments, from the plaintiff, his stepfather, in 1946. No cash was paid but the defendant executed the mortgage and note now in issue. The note is as…