100 A.D.2d 647 | N.Y. App. Div. | 1984
Appeal (1) from an order of the Supreme Court at Special Term (Ellison, J.), entered December 22, 1982 in Broome County, which granted defendant’s motion for summary judgment dismissing the complaint, and (2) from the judgment entered thereon, f Plaintiff purchased premises at 1602 Maine Road in the Town of Union, Broome County, at a mortgage foreclosure sale conducted December 17, 1979. Defendant initiated the prior foreclosure action as holder of first and second mortgages on the property, title to which had been held by Freer’s Meats, Inc. The instant controversy centers on a