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BONADY APTS. v. COLUMBIA

119 Misc.2d 923 (1983)

Bonady Apartments, Inc., Plaintiff, v. Columbia Banking Federal Savings and Loan Association, Defendant.

Supreme Court, Steuben County.

June 30, 1983

Attorney(s) appearing for the Case

Sayles, Evans, Brayton, Palmer & Tifft (Harry Treinin of counsel), for plaintiff. Sutton, De Leeuw, Clark & Darcy for defendant.

D. BRUCE CREW, J.

Plaintiff moves for summary judgment seeking a declaration that defendant may not invoke acceleration clauses contained in a bond and mortgage executed by and between the parties hereto in the event of a transfer of the subject property, so long as the transferee agrees to assume the obligation according to the terms of those instruments.1 Additionally, the parties at oral argument and in their

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