Wit v. Wit

— Appeal from a judgment of the Supreme Court at Special Term (Dier, J.), entered October 25, 1983 in Franklin County, which granted plaintiff’s motion for summary judgment. H Pursuant to a stipulation between the parties resulting in divorce, plaintiff conveyed his interest in the marital residence to defendant. Also, pursuant to the stipulation of the parties, defendant gave to plaintiff a bond in the amount of $17,000 with interest, secured by a mortgage of the premises. This mortgage, dated August 29, 1980, contained an acceleration clause which provided, inter alia, that: “the whole of…