Order reversed insofar as appealed from, on the law, and motion granted.
Plaintiff initially commenced this action predicated on the allegations that the mortgage payment due on June 10, 1981 was not timely made. On a prior appeal, this court reversed an order which denied summary judgment dismissing the complaint against defendant Sun Haven Motel Corp., and granted such dismissal, stating that "it is clear that no overt act was taken, or even attempted, to notify...
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