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DIME SAV. BANK OF NEW YORK v. DOOLEY

84 A.D.2d 804 (1981)

Dime Savings Bank of New York, Formerly Known as The Dime Savings Bank of Brooklyn, Respondent v. Richard P. Dooley et al., Appellants, et al., Defendants

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

November 23, 1981

Order affirmed, insofar as appealed from, with $50 costs and disbursements.

In opposition to the motion for summary judgment in this action to foreclose a mortgage on their personal residence, appellants make two contentions. First, they maintain that plaintiff's previous acceptance of late payments beyond the grace period raises a triable issue as to whether they were led to believe, essentially, that such payments would...

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