SILVER v. ROCHESTER SAV BANK


73 A.D.2d 81 (1980)

Helen K. Silver, Appellant, v. Rochester Savings Bank, Respondent

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

February 20, 1980


Attorney(s) appearing for the Case

Sutton, DeLeeuw, Clark & Darcy (Kevin S. Cooman of counsel), for appellant.

Harris, Beach, Wilcox, Rubin & Levey (Jeffrey W. Baker of counsel), for respondent.

HANCOCK, JR., J. P., SCHNEPP, CALLAHAN and DOERR, JJ., concur.


WITMER, J.

This appeal turns on the right of a lending institute to withhold its consent to the sale of real property on which it holds a mortgage lien and to declare it due unless the purchaser agrees to pay an increased rate of interest on the unpaid balance of the mortgage. No appellate authority in New York on this subject has come to our attention; but in several other States the problem has been presented...

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