CENTERBANK MORTGAGE CO., INC. v. NORINSBERG


202 A.D.2d 339 (1994)

609 N.Y.S.2d 221

Centerbank Mortgage Company, Inc., as Servicing Agent for Peoples Security Life Insurance Company, Respondent, v. Robert M. Norinsberg, Appellant, et al., Defendants

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

March 22, 1994


Defendant argues that once he made certain payments under the parties' February 1991 stipulation discontinuing the first foreclosure action, the mortgage and note were reinstated, including the requirement of written notice of an election to accelerate, which he was not given prior to the institution of this second foreclosure action. We disagree.

The stipulation clearly stated that plaintiff retained the "right to accelerate the mortgage and to commence an action...

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