Di Matteo v. North Tonawanda Auto Wash, Inc.

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Defendant in this mortgage foreclosure action appeals from an order granting plaintiffs’ motion for summary judgment and denying its motion for similar relief. The mortgage is dated May 25, 1979 and provides for its payment in monthly installments over a 10-year term. The monthly installments are payable on the first day of each month, with a seven-day grace period. The mortgage also contains an acceleration clause stating that the mortgagee may declare the full amount of the…