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GERSHMAN v. BARTED REALTY CORP.

22 Misc.2d 461 (1960)

Richard Gershman, Plaintiff, v. Barted Realty Corp. et al., Defendants.

Supreme Court, Special Term, Kings County.

January 28, 1960.

Attorney(s) appearing for the Case

Dreyer & Traub for plaintiff.

Charles Wilson for Barted Realty Corp., defendant.

GEORGE EILPERIN, J.

In an action to foreclose a mortgage both sides move for summary judgment. Plaintiff has elected to invoke the acceleration clause of paragraph 14 of the mortgage. It reads as follows: "14. That the whole of said principal sum and the interest shall become due at the option of the mortgagee: (a) after failure to exhibit to the mortgagee, within 10 days after demand, receipts showing payment...

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