Realty Associates Securities Corp. v. Twelve Thirty Five Park Avenue Corp.

This action in foreclosure was pending at the time of the passage of section 1077-e of the Civil Practice Act (as added by Laws of 1933, chap. 793, § 2). Prior to the expiration of thirty days after August 28, 1933, plaintiff was tendered the sum of $100 *773as costs, with a request that the action be discontinued. The tender was refused, and a motion is now made by the defendant who made the tender to discontinue the action. At the time of the commencement of the suit the only default was in installments of principal. But at the time of the tender there were defaults in interest and taxes. Must…