Suits v. Suits

—Order affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Tormey, III, J.). We add that, where the basis for acceleration of a debt evidenced by an installment note “is trivial or inconsequential, the forfeiture may be viewed as an unconscionable penalty and equitable principles come into pla/’ (Tunnell Publ. Co. v Straus Communications, 169 AD2d 1031, 1032). Inasmuch as plaintiff would not have been prejudiced by acceptance of defendants’ tender of a cure, the court properly concluded that plaintiffs refusal to accept a cure and attempted…