Umansky v. Seaboard Industries, Inc.

In an action by assignees to foreclose a purchase-money mortgage on real property, in which defendant-mortgagor interposed a defense based upon the assignors’ alleged breach of a collateral agreement regarding the filing of subdivision maps and a counterclaim based upon the assignees’ alleged tortious interference with a contract of sale of the subject property, plaintiff-assignees appeal from so much of an order of the Supreme Court, Dutchess County, dated December 14, 1973, as, denied their motion to strike defendant’s answer and for summary judgment upon the complaint. Defendant-mortgagor…