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COLUMBIA BANKING FED. SAV. & LOAN ASS'N v. TUMMINELLI

122 A.D.2d 550 (1986)

Columbia Banking Federal Savings and Loan Association, Respondent-Appellant, v. Joseph Tumminelli et al., Appellants-Respondents

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

July 11, 1986

Order unanimously modified, on the law, and as modified, affirmed, without costs, in accordance with the following memorandum:

Special Term erred in holding that the mortgagor was not given the right to reinstate the mortgage after default. Paragraph 19 of the mortgage specifically authorizes the mortgagor, in case of a default, to force a discontinuance of any proceeding brought by the mortgagee to enforce the mortgage...

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