NELSON v. VINEL, INC.


26 A.D.2d 792 (1966)

Neal Nelson, Respondent, v. Vinel, Inc., Appellant, et al., Defendants

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

September 30, 1966


MEMORANDUM BY THE COURT.

Upon the motion, the appellant mortgagor failed to substantiate its defense that tender of the mortgage indebtedness was duly made and wrongfully refused. Assuming that the series of checks in evidence might under some circumstances have constituted valid tender, it is indisputable that certain of them were issued more than 15 days after the due dates of the installments that they purportedly covered and subsequent, also, to the mortgagee...

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