Hammerstein v. Henry Mountain Corp.

Appeal from an order of the Supreme Court (Coccoma, J.), entered May 26, 2006 in Delaware County, which granted plaintiffs motion for, among other things, a judgment in her favor.

In June 2000, defendant defaulted on a note secured by a mortgage held by plaintiff. When defendant did not pay the remaining principal plus interest as demanded by plaintiff in accordance with an acceleration clause, plaintiff commenced this foreclosure action.

While this action was pending, defendant paid $785,000 into the court. In March 2004, Supreme Court granted a judgment against defendant, with an interest…