Mongaup Valley Co. v. Nyamco Associates, Inc.

Appeal by the plaintiff from an order made under rule 113 of the Rules of Civil Practice, directing the entry of a summary judgment, and from the judgment dismissing plaintiff’s complaint, with costs. This action was brought for specific performance of an agreement and stipulation settling an action for the foreclosure of a mortgage. A judgment of foreclosure and sale had been entered and an appeal therefrom taken. In that action this defendant was plaintiff and this plaintiff the defendant.

The mortgage was in excess of $10,000. The stipulation for settlement was made on December 28,1933. So…