ROBSHAW v. HEALTH MGMT., INC.


98 A.D.2d 986 (1983)

John P. Robshaw, Jr., et al., Doing Business as Orchard Park Spa, Formerly Known as European Health Spa of Orchard Park, Appellants, v. Health Management, Inc., Formerly Known as European Health Spa of Buffalo, Inc., et al., Respondents

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

December 16, 1983


Order affirmed, with costs.

Memorandum:

Summary judgment should be denied. We disagree with the dissenters that the provision inserted in paragraph 19 nullifies the provisions contained elsewhere in that section requiring notice and opportunity to cure as preconditions to acceleration. The inserted clause, as we read it, does no more than define precisely what the parties intended by the phrase in the first sentence in paragraph 19: "If default be made in...

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