Opinion
April 8, 1996
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Ordered that the order is affirmed, with costs.
Under these circumstances, where the plaintiff clearly rejected the offer of the defendant William J. Frew, Jr., to transfer the deed to certain mortgaged property as a means of satisfying the indebtedness thereon, there exist no triable issues of fact as to whether the plaintiff was entitled to foreclose the mortgage ( cf., Sanders Assocs. v. Roth, 140 A.D.2d 513). Sullivan, J.P., Copertino, Santucci and Goldstein, JJ., concur.