Defendant established prima facie that plaintiffs' predecessor in interest, Capital One, N.A., intentionally waived its right to acceleration of the loan with interest at the default rate and reinstated the loan (see Alsens Am. Portland Cement Works v Degnon Contr. Co., 222 N.Y. 34, 37 [1917]). Capital One's October 22, 2102 statement to the decedent borrower's estate, issued after receiving defendant's payment of the amount of the monthly installments outstanding...
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