Fiedler v. Schefer

In a mortgage foreclosure action, plaintiff appeals from an order of the Supreme Court, Nassau County, dated May 13, 1976, which denied his motion for summary judgment as against respondent Jack Schefer. Order reversed, on the law, with $50 costs and disbursements, motion granted, and respondent’s answer, including all counterclaims asserted therein, is stricken. In our opinion, plaintiff established by competent evidence that he lawfully accelerated the mortgage (by letter dated October 21, 1975) due to respondent’s failure to pay the mortgage installment due October 1, 1975, or within the…