Legal Opinion
Dale v. Industrial Ceramics, Inc.
New York Supreme Court
Decided May 16, 1991PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Burton S. Sherman, J.
The defendant moves to dismiss the complaint on a defense founded upon documentary evidence and the plaintiff cross-moves for summary judgment in an action seeking damages on an alleged default and acceleration on a promissory note. The only issue is whether the mailing of notice of failure of payment to an address other than the one provided in the promissory note activated the event of default and therefore permitted acceleration.
*936The note executed on December 17, 1985 in the principal sum of $100,000 required payment of annual interest for five years…
2Cases cited4 opinions
- Graf v. Hope Building Corp.New York Court of Appeals · 1930
- Stream v. CBK Agronomics, Inc.New York Supreme Court · 1974
- Stream v. CBK Agronomics, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Banditree, Inc. v. Calpo, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
3Cited by1 opinion
- In Re St. Casimir Development Corp.District Court, S.D. New York · 2007