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NEW YORK WATER SERV. CORP. v. NEWSTRAND REALTY CORP.

280 A.D. 322 (1952)

New York Water Service Corporation, Appellant-Respondent, v. Newstrand Realty Corp., Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 17, 1952.

Attorney(s) appearing for the Case

Louis Boehm of counsel (Herbert J. Lipp with him on the brief; Louis Boehm, attorney), for appellant-respondent.

Sylvan D. Freeman of counsel (Dreyer and Traub, attorneys), for respondent-appellant.

PECK, P. J., DORE, COHN and HEFFERNAN, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., concurs in reversal of the order entered May 22, 1951, in opinion.

Per Curiam.

The learned Special Term correctly decided in its original decision of April 16, 1951, that defendant's (mortgagor's) right of prepayment survived and plaintiff's (mortgagee's) objection to the proposed prepayment of the mortgage in the summer of 1949 was not based on the absence of a proper notice. That latter objection was only belatedly urged after plaintiff's motion for summary judgment had been denied...

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