LONG ISLAND SAV. BANK OF CENTEREACH v. DENKENSOHN


222 A.D.2d 659 (1995)

635 N.Y.S.2d 683

Long Island Savings Bank of Centereach, F.S.B., Respondent, v. Jerald Denkensohn et al., Appellants, et al., Defendants

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

December 29, 1995


Ordered that the order is affirmed, with costs.

The appellants contend that the plaintiff was required to send a notice of acceleration of mortgage debt as a condition precedent to requiring immediate payment of the entire amount of debt then remaining under the note. However, a review of the mortgage reveals that its terms unambiguously provided that upon the appellants' default in payment, the plaintiff was entitled to accelerate the entire remaining unpaid mortgage...

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