Legal Opinion
Manufacturers & Traders Trust Co. v. Korngold
New York Supreme Court
Decided October 20, 1994PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Howard Miller, J.
Motion by plaintiff for summary judgment is denied.
*670Defendants Louis Korngold and Carol Ann Korngold (jointly Korngold) entered into a mortgage agreement with Midlantic Home Mortgage Corporation (Midlantic), which was subsequently assigned to plaintiff. Paragraph 19 of the mortgage provides that the mortgagee may require immediate payment in full "only if all of the following conditions are met”. An enumerated precedent condition is that the "Lender” send a 30-day notice of default. Defendants Korngold have asserted as an affirmative defense to this…
2Cases cited4 opinions
- Siegel v. Kentucky Fried Chicken of Long Island, Inc.New York Court of Appeals · 1986
- Moore v. Leaseway Transportation Corp.New York Court of Appeals · 1980
- Lexow & Jenkins v. Hertz Commercial Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Central Trust Co. v. SheahenAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by6 opinions
- Jackson v. 2109 Brandywine, LLCCourt of Special Appeals of Maryland · 2008
- Bank of New York Mellon v. DeaneNew York Supreme Court · 2013
- Equator International, Inc. v. NH Street Investors, Inc.New York Supreme Court · 2014
- 650 Brooklyn LLC v. HunteNew York Supreme Court · 2015
- Arcadia Management, Inc. v. SchillanNew York District Court · 2009
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