YAGAMO ACQUISITIONS v. BACO DEVELOPMENT

While plaintiff would ordinarily be entitled to an award of interest on the principal due under the mortgage note through the date of the referee's computation of the amount owing to satisfy the mortgage lien, it would, under the unusual circumstances presented in this foreclosure action, be unconscionable to hold defendants responsible for plaintiff's lengthy delay in obtaining the judgment of foreclosure and sale (see,Dollar Fed. and Loan Assn. v. Herbert Kallen, Inc., 91 A.D.2d 601, 602). Under all the circumstances, we find it appropriate to direct an award of post-summary-judgment interest to plaintiff, but to permit such award only for a period of one year, a period which we deem sufficient for the first referee in this matter to have complied with the summary judgment court's mandate to report with "all convenient speed" (see, id.)

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.