Mary Ferlazzo, Appellant v. Peter Riley, Respondent, Impleaded With Others

Summary

The New York Court of Appeals reversed the Appellate Division and Special Term, denying the mortgagor's motion to dismiss the foreclosure complaint and ordering costs. The court held that a mortgagor is bound by the mortgage contract and cannot be relieved of default absent waiver, estoppel, or misconduct, and that factual disputes must be resolved at trial, not on affidavits.