Neubauer v. Smith

Order, Supreme Court, New York County, entered June 13, 1972, reversed, on the law, and 'plaintiff-appellant’s motion to strike an affirmative defense and for summary judgment granted,, with $60 costs and disbursements to appellant. Suit is upon a consolidated mortgage calling for acceleration of payment of principal 30 days after uncured default in payment of taxes or water rates. The foreclosure action was commenced on January 26, 1972, after failure to pay water rates due January 1, 1971, as well as real estate taxes for all four quarters of 1971. The affirmative defense alleges a rent…