TRI-LAND PROPS., INC. v. 115 W. 28TH ST. CORP.


238 A.D.2d 206 (1997)

656 N.Y.S.2d 863

Tri-Land Properties, Inc., Respondent, v. 115 West 28th Street Corp. et al., Appellants, et al., Defendants

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

April 17, 1997


Even if plaintiff had somehow waived its right to foreclose the first mortgage on defendants-appellants' property, the waiver could be withdrawn in these circumstances. Subsequent correspondence clearly gave appellants notice that plaintiff was revoking its waiver, if there ever was one, and sufficient time to cure deficiencies in order to avoid foreclosure (see, Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 N.Y.2d 175

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