JAMAICA SAV. BANK v. COHAN


36 A.D.2d 743 (1971)

Jamaica Savings Bank, Appellant, v. Albert I. Cohan et al., Respondents, et al., Defendants

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

March 15, 1971


Order reversed, on the law, without costs, and plaintiff's motion granted.

In our opinion, the motion papers raise no factual issues and establish that the default in payment of taxes was willfully continued after timely and clear notice that plaintiff would require compliance with the terms of the mortgage. Under the circumstances, it was not oppressive or in bad faith for plaintiff to accelerate the maturity date of the mortgage loan, as it was entitled to do, or...

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