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BRAYTON v. PAPPAS

52 A.D.2d 187 (1976)

Mark Brayton, Respondent, v. John Pappas et al., Appellants, et al., Defendant

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

May 14, 1976

Attorney(s) appearing for the Case

Panels & Panels (Daniel Panels of counsel), for appellants.

Samuel B. Vavonese for respondent.

MARSH, P. J., CARDAMONE, MAHONEY and GOLDMAN, JJ., concur.

MOULE, J.

The question presented on this appeal involves the right to foreclose on a mortgage upon the breach of a mortgage covenant which is not included within the scope of an acceleration clause in the instrument.

This case is before us following the denial of a motion to dismiss, made pursuant to CPLR 3211 (subd [a], par 7) and 3211 (subd [a], par 1). Insofar as that motion challenged the sufficiency...

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