64 A.D.2d 561 | N.Y. App. Div. | 1978
—Cross appeals from an order of the Supreme Court, New York County, entered January 7, 1977 and from the judgment thereon entered January 19, 1977, unanimously dismissed, without costs and without disbursements. The amended judgment, entered April 6, 1977, from which the parties have also cross-appealed is unanimously modified, on the law and on the facts, to the extent of denying recovery of real estate taxes accruing after April 7, 1975 and is otherwise affirmed, all without costs and disbursements. Defendant-appellant De Matteis, a guarantor of a loan to defendant Coverley Properties, Inc., secured by a real property mortgage, agreed "to be personally liable for payment of all real estate taxes affecting the property included in the mortgaged premises and for payment of all interest on the loan.” The