FIEDLER v. SCHEFER


54 A.D.2d 751 (1976)

Charles Fiedler, Appellant, v. Jack Schefer, Respondent, et al., Defendants

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

October 25, 1976


Order reversed, on the law, with $50 costs and disbursements, motion granted, and respondent's answer, including all counterclaims asserted therein, is stricken.

In our opinion, plaintiff established by competent evidence that he lawfully accelerated the mortgage (by letter dated October 21, 1975) due to respondent's failure to pay the mortgage installment due October 1, 1975, or within the 15-day grace period, and that plaintiff further lawfully accelerated the mortgage...

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