Ordered that the order is affirmed insofar as appealed from, with costs.
In light of the fact that the plaintiff failed to submit evidence of the date upon which it elected to accelerate the mortgage loan, a question of fact exists as to whether the defendant 163-35 L&M Realty Corp. (hereinafter L&M), was in default at that time. Accordingly, the Supreme Court properly denied those branches of the plaintiff's motion which were for summary judgment against...
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