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SCHEIBLE v. LEINEN

67 Misc.2d 457 (1971)

George H. Scheible et al., Plaintiffs, v. John R. Leinen, Defendant

Supreme Court, Monroe County.

July 26, 1971

Attorney(s) appearing for the Case

Milo I. Tomanovich for plaintiffs. Liebschutz, Sutton De Leeuw, Clark & Lewis (Robert Teamerson of counsel), for defendant.

JAMES H. BOOMER, J.

Plaintiff moves for summary judgment in this mortgage foreclosure action. In his affidavit in support of the motion, he states that the purchase-money mortgage sought to be foreclosed was executed on the 30th day of June, 1970 to secure the sum of $72,000 with interest at 6%. The mortgage contains an acceleration clause which provides "that the whole of the principal sum shall become due...

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