Sidrane v. F. D. R. Realty Corp.

By a series of amendments to the Civil Practice Act beginning August 26,1933 (L. 1933, ch. 793), foreclosure of mortgages for principal defaults was suspended during the emergency. These laws did not impair the mortgagee’s right to foreclose for default in the payment of interest. In this foreclosure action the alleged default upon which foreclosure was sought was nonpayment of interest. The owner of the property interposed a separate defense predicated upon a letter written to it by Brooklyn Trust Company, plaintiff’s assignor, on October 18, 1938, reading as follows:

“ Gentlemen:

Enclosed…