Tyler Realties, Inc. v. Roper

Plaintiff makes application for summary judgment in this action to foreclose a purchase-money mortgage.

Plaintiff was the original developer of a tract of land in the Town of Putnam Valley, Putnam County, New York, and sold two parcels to defendants accepting a purchase-money mortgage for a substantial portion of the purchase price.

The defendants concede that they failed to make the mortgage payment due on April 15,1958 but allege that their failure was deliberate and their refusal to pay justified by reason of plaintiff’s wrongful conduct more particularly described in seven separate…