Legal Opinion

Scheible v. Leinen

New York Supreme Court

Decided July 26, 1971PublishedCited by 6 opinions

1Opinion of the CourtJames H. Boomer, J.

Plaintiff moves for summary judgment in this mortgage foreclosure action. In Ms affidavit in support of the motion, he states that the purchase-money mortgage *458sought to be foreclosed was executed on the 30th day of June, 1970 to secure the sum of $72,000 with interest at 6%. The mortgage contains an acceleration clause which provides 1 ‘ that the whole of the principal sum shall become due at the option of the mortgagees; after default in the payment of principal or of interest for thirty days The plaintiff received the first nine monthly installments of principal and interest due August 1,…

2Cases cited3 opinions

  1. Ferlazzo v. RileyNew York Court of Appeals · 1938
  2. Fairfield Lease Corp. v. Marsi Dress Corp.Civil Court of the City of New York · 1969
  3. Franklin National Bank v. Wall Street Commercial Corp.New York Supreme Court · 1963

3Cited by6 opinions

  1. Equitable Lumber Corp. v. IPA Land Development Corp.New York Court of Appeals · 1976
  2. Mead v. First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1977
  3. Mutual Real Estate Investment Trust v. Buffalo Savings BankNew York Supreme Court · 1977
  4. Lincoln First Bank, N. A. v. ThayerNew York Supreme Court · 1979
  5. In re the General Assignment for the Benefit of Creditors of Coastline Steel Products, Inc.New York Supreme Court · 1978

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