SOUTHOLD SAV. BANK v. CUTINO


118 A.D.2d 555 (1986)

Southold Savings Bank, Respondent, v. Michael J. Cutino, Appellant, et al., Defendant

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

March 3, 1986


Order affirmed, with costs.

The uncontroverted facts clearly refute the defendant mortgagor's assertion that the plaintiff mortgagee waived its right to timely payments of principal and interest and its option to accelerate the entire indebtedness in the event that such payments were not timely made. Moreover, it cannot be said that the mortgagee bank was estopped from requiring strict adherence to the terms of the mortgage...

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