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MATTER OF D.I.S., LLC v. SAGOS

38 A.D.3d 543 (2007)

832 N.Y.S.2d 581

In the Matter of D.I.S., LLC, Respondent, v. ADENA SAGOS, Appellant, et al., Respondent.

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

Decided March 6, 2007.

Ordered that the order is affirmed, with costs.

Contrary to the mortgagee's contention, the mortgagor's tender of payment of the entire mortgage principal plus interest to the scheduled date of closing in response to her acceleration of the debt upon default did not constitute a "prepayment" of the debt within the meaning of the prepayment clause set forth in the mortgage. Accordingly, absent a contractual provision to the contrary, the mortgagee was precluded from...

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