Goldstein v. Soledad Place Corp.

OPINION OF THE COURT

Stanley L. Sklar, J.

The issue presented in this mortgage foreclosure action is whether the defendant and third-party plaintiff, Bernie’s Gold Square, Inc. (Gold Square), is entitled to an order directing the mortgagee, plaintiff Philip Goldstein (Goldstein), to assign the mortgage and deliver the note to Gold Square upon payment of all sums due under the mortgage as calculated by a Referee to be appointed. This court holds that Gold Square is entitled to an assignment and not merely a satisfaction piece.

Gold Square seeks to have a Referee appointed to compute the amount…