Blackman v. Edison

In a mortgage foreclosure action the defendant owners of the mortgaged premises (hereinafter referred to as “defendant”) move for summary judgment dismissing the complaint under rule 113 of the Rules of Civil Practice. Plaintiff cross-moves for summary judgment.

According to the allegations of the complaint, plaintiff exercised an option, a right accorded him under the mortgage terms, to accelerate payment of the principal balance upon default in the payment of two monthly installments of principal and interest which were due on June 1, 1961, and July 1, 1961, respectively.

Defendant alleges in…