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MFRS & TRADERS CO v. KORNGOLD

162 Misc.2d 669 (1994)

618 N.Y.S.2d 744

Manufacturers & Traders Trust Company, as Trustee, Plaintiff, v. Louis Korngold et al., Defendants.

Supreme Court, Rockland County.

October 20, 1994

Attorney(s) appearing for the Case

Fayer & Greenberger, Hempstead, for plaintiff. Barr & Rosenbaum, Spring Valley, for Louis Korngold and another, defendants.

HOWARD MILLER, J.

Motion by plaintiff for summary judgment is denied.

Defendants Louis Korngold and Carol Ann Korngold (jointly Korngold) entered into a mortgage agreement with Midlantic Home Mortgage Corporation (Midlantic), which was subsequently assigned to plaintiff. Paragraph 19 of the mortgage provides that the mortgagee may require immediate payment in full "only if all of the following conditions...

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