Stith v. Hudson City Savings Institution

Defendant Hudson City Savings Institution (Hudson) moves for summary judgment dismissing the complaint of the plaintiffs, Marion O. Stith and Esther Stith (Stith) and for judgment of foreclosure and sale on its counterclaim against the plaintiffs Stith and the counterclaim defendants 0. Russell Kennedy and Dorothy H. Kennedy (Kennedy). Stith and Kennedy move for summary judgment on the complaint and the Kennedy counterclaim, both of which seek a declaration that Hudson’s exercise of its option to accelerate the balance due on a mortgage by reason of sale of the subject property from Kennedy…