Opinion
Argued October 21, 1930
Decided November 18, 1930
Appeal from the Supreme Court, Appellate Division, Second Department.
C. Elmer Spedick for appellant.
Guy O. Walser for plaintiff-respondent.
Thomas J. Cuff for defendant-respondent.
The judgment should be modified by providing for payment to defendant Provident Mortgage Corporation, on account of the amount paid by it in satisfaction of prior mortgages on the premises, the sum of $15,926.94, with interest from February 21, 1929, instead of the sum of $10,562.10, and as so modified affirmed, without costs.
CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.
Judgment accordingly.