Order unanimously reversed on the law with costs, motion denied and summary judgment dismissing the complaint granted to defendants.
Memorandum:
Supreme Court erred in granting plaintiff's motion for summary judgment in this action to foreclose a mortgage encumbering real property owned by Dwight Fowler (defendant). At the time of defendant's tender of $5,000, plaintiff, as mortgagee, had not validly exercised its right to accelerate the debt because the notice...
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