GROSSMAN v. PENDANT REALTY CORP.


200 A.D.2d 521 (1994)

606 N.Y.S.2d 669

Herbert Grossman et al., Respondents-Appellants, v. Pendant Realty Corp. et al., Defendants, and E. 103rd St. & Lex. Ave. Realty Corp., Appellant-Respondent

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

January 25, 1994


After a full hearing, the Special Referee found that the defendant's tender of a check at the closing on March 23, 1990 was of a sum sufficient to cover the outstanding indebtedness under plaintiffs' mortgage. Plaintiffs' refusal to accept this sum results in forfeiture of any additional interest under the mortgage since under the circumstances herein defendant kept the tender good by depositing a check with the title company for the new lender and by then attempting to deposit...

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