Legal Opinion
Southold Savings Bank v. Cutino
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 1986PublishedCited by 7 opinions
1Opinion of the Court
In an action to foreclose a mortgage on real property, the defendant Michael J. Cutino appeals from an order of the Supreme Court, Suffolk County (McCarthy, J.), dated April 26, 1984, which, inter alia, dismissed his defenses of estoppel and waiver.
Order affirmed, with costs.
The uncontroverted facts clearly refute the defendant mortgagor’s assertion that the plaintiff mortgagee waived its right to timely payments of principal and interest and its option to accelerate the entire indebtedness in the event that such payments were not timely made. Moreover, it cannot be said that the mortgagee…
2Cases cited4 opinions
- Dime Savings Bank v. DooleyAppellate Division of the Supreme Court of the State of New York · 1981
- Ford v. WaxmanAppellate Division of the Supreme Court of the State of New York · 1975
- Bowers v. ZaimesAppellate Division of the Supreme Court of the State of New York · 1977
- Mariash v. BastianichAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by7 opinions
- Rossrock Fund II, L.P. v. OsborneAppellate Division of the Supreme Court of the State of New York · 2011
- Thornton v. Citibank, N. A.Appellate Division of the Supreme Court of the State of New York · 1996
- UMLIC VP, LLC v. MellaceAppellate Division of the Supreme Court of the State of New York · 2005
- Prudential Home Mortgage Co. v. CermeleAppellate Division of the Supreme Court of the State of New York · 1996
- P.T. Bank Central Asia v. Ho Ho Ho Realty Co.Appellate Division of the Supreme Court of the State of New York · 2000
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