Goldstein v. Brookhaven Holding Corp. , 210 A.D. 859 ( 1924 )

Upon the trial circumstances may establish the inequity of decreeing foreclosure, and permit the defendant by payment of the premium to avoid it. The conclusion may be reached that very little, if any, more insurance would have amply protected plaintiff. That result would require that foreclosure should be refused. Order affirmed, with ten dollars costs and disbursements. Kelly, P. J., Jaycox, Kelby, Young and Kapper, JJ., concur.