HOME SAV. OF AM. v. ISAACSON


240 A.D.2d 633 (1997)

659 N.Y.S.2d 94

Home Savings of America, FSB, Respondent, v. Joyce Isaacson et al., Appellants, et al., Defendants

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

June 23, 1997


Ordered that the order is affirmed, with costs.

Contrary to the appellants' contentions, in response to the plaintiff's prima facie showing of entitlement to summary judgment, the appellants failed to demonstrate the existence of any genuine issues of fact in support of their claimed affirmative defense of tender and payment. "`As a general rule, a tender must include everything to which the creditor is entitled, including interest to the time the tender is made,...

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