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SUITS v. SUITS

266 A.D.2d 813 (1999)

698 N.Y.S.2d 203

DANIEL J. SUITS, Appellant, v. PAUL G.H. SUITS, Respondent. DANIEL J. SUITS, Appellant, v. FRANK H. SUITS, JR., Respondent.

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

Decided November 12, 1999.

Order affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court (Tormey, III, J.). We add that, where the basis for acceleration of a debt evidenced by an installment note "is trivial or inconsequential, the forfeiture may be viewed as an unconscionable penalty and equitable principles come into play" (Tunnell Publ. Co. v Straus Communications, 169 A.D.2d 1031, 1032). Inasmuch...

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