153 N.Y.S. 268 | N.Y. App. Div. | 1915
This is an appeal from a judgment of the County Court of Kings county decreeing foreclosure and sale. The controversy is a very narrow one. The defendant, the owner of the equity of redemption, appeals from the judgment, on the ground that she had made a tender of the amount due on the bond and mortgage, together with interest, before the action was begun, and hence the lien of the mortgage was discharged. She kept this tender good, and paid the amount into court. We are told in the brief of the appellant that since the entry of the judgment the plaintiff has withdrawn from the court the moneys deposited in satisfaction of the bond and mortgage, so that the only question before us on this appeal is whether the defendant should have been charged with the costs of the foreclosure action. There is no controversy as to the essential facts. The whole question is whether the tender was made before the
The judgment of the County Court of Kings county is affirmed, with costs.
Jenks, P. J., Thomas, Stapleton and Putnam, JJ., concurred.
Judgment of the County Court of Kings county affirmed, with costs.