Mariash v. Bastianich

— Order, Supreme Court, New York County (Tyler, J.), entered on or about February 10, 1982, which denied plaintiff-appellant’s motion for summary judgment in this mortgage foreclosure action, reversed, on the law, and motion granted, with costs. The mortgagee is entitled to enforce an acceleration clause in his contract in the absence of waiver, estoppel, bad faith, fraud, or oppressive or unconscionable conduct (Graf v Hope Bldg. Corp., 254 NY 1; Ferlazzo v Riley, 278 NY 289). Defendants do not urge that plaintiff is guilty of bad faith, fraud or oppressive or unconscionable conduct. They do…