Dime Savings Bank v. Dooley

In a mortgage foreclosure action, the appeal is from so much of an order of the Supreme Court, Nassau County (Levitt, J.), dated May 16, 1980, as granted that branch of the plaintiff’s motion which was for summary judgment. Order affirmed, insofar as appealed from, with $50 costs and disbursements. In opposition to the motion for summary judgment in this action to foreclose a mortgage on their personal residence, appellants gnake two contentions. First, they maintain that plaintiff’s previous acceptance of *805late payments beyond the grace period raises a triable issue as to whether they were…