NEUBAUER v. SMITH


40 A.D.2d 790 (1972)

Helen K. Neubauer, as Executrix of Herman S. Neubauer, Deceased, Appellant, v. Earle J. Smith et al., Respondents

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

November 14, 1972


Suit is upon a consolidated mortgage calling for acceleration of payment of principal 30 days after uncured default in payment of taxes or water rates. The foreclosure action was commenced on January 26, 1972, after failure to pay water rates due January 1, 1971, as well as real estate taxes for all four quarters of 1971. The affirmative defense alleges a rent strike by a committee of tenants which had collected the rents of the property for the purpose of making all payments...

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