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NICHOLS v. EVANS

92 Misc.2d 938 (1978)

Jerry E. Nichols et al., Plaintiffs, v. Francis Evans et al., Defendants.

County Court, Dutchess County.

January 6, 1978

Attorney(s) appearing for the Case

Edward J. Murtaugh for plaintiffs. Rosen Crane & Wolfson for defendants.

RAYMOND E. ALDRICH, JR., J.

Plaintiffs seek summary judgment permitting a mortgage foreclosure on two grounds, namely that the payment due February 7, 1977 was not paid until February 24, two days after the 15-day grace period provided in the mortgage, and on the further grounds that the individual defendants conveyed the premises to the corporate defendant in violation of a due-on-sale proscription in the...

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