FIRST FEDERAL SAVINGS BANK v. MIDURA


264 A.D.2d 407 (1999)

694 N.Y.S.2d 121

FIRST FEDERAL SAVINGS BANK, Respondent, v. ROBERT MIDURA et al., Appellants, et al., Defendants.

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

Decided August 9, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellants' contentions, in response to the plaintiffs prima facie showing of entitlement to summary judgment, they failed to demonstrate the existence of any genuine issues of fact in support of their claimed affirmative defenses of tender of payment and improper acceleration.

A valid tender requires an actual proffer of all mortgage arrears (see, Home Sav. v Isaacson...

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