The defendant brought a motion seeking a stay of a scheduled Writ of Possession following a mortgage enforcement judgment.
The prior summary judgment had fixed the amount owing on the second mortgage at $64,200, payable within 60 days, failing which the plaintiff could take possession.
The defendant later obtained financing sufficient to pay the judgment amount, but the plaintiff demanded additional interest and collection costs previously waived and not awarded by the court.
The court held that the amount owing had already been judicially determined and that demanding additional sums created an injustice.
Enforcement of the Writ of Possession was stayed pending payment of the judgment amount.
