MARIASH v. BASTIANICH


88 A.D.2d 829 (1982)

Irving Mariash, Appellant, v. Felix Bastianich et al., Respondents, et al., Defendant

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

June 10, 1982


The mortgagee is entitled to enforce an acceleration clause in his contract in the absence of waiver, estoppel, bad faith, fraud, or oppressive or unconscionable conduct (Graf v Hope Bldg. Corp., 254 N.Y. 1; Ferlazzo v Riley, 278 N.Y. 289). Defendants do not urge that plaintiff is guilty of bad faith, fraud or oppressive or unconscionable conduct. They do rely on waiver or estoppel. However, this record "`does not demonstrate knowledgeable acceptance of late...

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