Weiss v. Weiss

Cross appeals from an order of the Supreme Court (Travers, J.), entered April 3, 1993 in Rensselaer County, which denied plaintiff’s motion for summary judgment and defendant’s cross motion for summary judgment on his counterclaim.

Plaintiff and defendant entered into a separation agreement on May 3, 1984 which provided, inter alia, for plaintiff to convey her interest in the marital residence to defendant in return for a promissory note secured by a mortgage. The note, dated September 12, 1984, was for the principal sum of $7,500 *742payable at the rate of 15% per year and provided as follows:…