Home Savings of America, FSB v. Coconut Island Properties, Ltd.

Order unanimously affirmed with costs. Memorandum: Supreme *1139Court properly granted plaintiff’s motion for summary judgment based upon defendant’s default in failing to pay service charges. Paragraph 4 (h) of the mortgage authorizes plaintiff, the mortgagee, to accelerate the mortgage debt upon a default in the performance of any provision of the mortgage note. The note requires the mortgagor, upon demand, to pay a service charge equal to 6% of unpaid principal and interest for any late payment of principal and interest and authorizes the mortgagee to accelerate the debt in the event of a…