CITIBANK (N.Y.S.) v. GORGONI


201 A.D.2d 885 (1994)

607 N.Y.S.2d 791

Citibank (N.Y.S.), Respondent, v. Joseph Gorgoni et al., Appellants

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

February 4, 1994


Order unanimously affirmed without costs.

Memorandum:

The court properly granted summary judgment to plaintiff in this foreclosure action. There is no merit to defendants' contentions that plaintiff waived its right to declare a default of defendants' mortgage and should be estopped from declaring a default. The evidence establishes that, although plaintiff agreed to a workout plan with defendants in August 1991...

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