HAMMERSTEIN v. HENRY MOUNTAIN CORPORATION

506191.

66 A.D.3d 1273 (2009)

886 N.Y.S.2d 839

2009 NY Slip Op 7711

GABRIELE HAMMERSTEIN, Appellant, v. HENRY MOUNTAIN CORPORATION, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided October 29, 2009.


Kane, J.

In June 2000, defendant defaulted on a note secured by a mortgage held by plaintiff. When defendant did not pay the remaining principal plus interest as demanded by plaintiff in accordance with an acceleration clause, plaintiff commenced this foreclosure action.

While this action was pending, defendant paid $785,000 into the court. In March 2004, Supreme Court granted a judgment against defendant, with an interest rate of 8% applied to the principal...

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