Opinion
December 30, 1942.
Action to secure a declaratory judgment adjudging that interest on a mortgage indebtedness shall be at the rate of five per cent, as provided in an extension agreement, rather than six per cent, as provided in a bond secured by a mortgage upon real property. Judgment was rendered in favor of defendants dismissing the complaint, after trial by the court. Judgment unanimously affirmed, with costs. ( Brighton Operating Corp. v. Morrison, 262 App. Div. 895.) Lazansky, P.J., Carswell, Johnston and Close, JJ., concur; Adel, J., concurs on the authority of Brighton Operating Corp. v. Morrison ( supra) adhering, however, to the views he expressed in the dissenting memorandum in that case.