Loporto v. Druiss Co.

We are of opinion that the provisions of section 1077-a of the Civil Practice Act, construed in connection with section 1077-e, apply to actions brought before the effective date of the statute, even though predicated on defaults other than payment of principal or installments of principal, when such other defaults have been cured within thirty days after the act went into effect. It appears that the defendant had either made good these defaults or tendered the amount thereof within the thirty-day period. It was, therefore, entitled to the benefit of the remedial legislation and a dismissal…