Legal Opinion
Gershman v. Barted Realty Corp.
New York Supreme Court
Decided January 28, 1960PublishedCited by 5 opinions
1Opinion of the CourtGeorge Eilperin, J.
In an action to foreclose a mortgage both sides move for summary judgment. Plaintiff has elected to invoke the acceleration clause of paragraph 14 of the mortgage. It reads as follows: “ 14. That the whole of said *462principal sum and the interest shall become due at the option of the mortgagee: (a) after failure to exhibit to the mortgagee, within 10 days after demand, receipts showing payment of all the taxes, water rates, sewer rents and assessments * * *.”
On November 5,1959 plaintiff’s attorneys wrote to defendant: “ Will you please deliver to me receipts showing payments of all New York…
2Cases cited3 opinions
- National Life & Accident Insurance v. DoveTexas Supreme Court · 1943
- Zimmerman v. HicksCourt of Appeals for the Second Circuit · 1925
- Williams v. Wisner Building Co.New York Supreme Court · 1923
3Cited by5 opinions
- Gil Enterprises, Inc. v. DelvyCourt of Appeals for the Second Circuit · 1996
- Duskin v. CarlsonWashington Supreme Court · 1998
- Duskin v. CarlsonWashington Supreme Court · 1998
- Duskin v. CarlsonWashington Supreme Court · 1998
- Gil Enterprises, Inc., Plaintiff-Appellant-Cross-Appellee v. Richard Delvy, Doing Business as Miraleste Music, Defendant-Appellee-Cross-Appellant. Richard Delvy, Counter-Claimant v. Gil Enterprises, Inc., Counter-DefendantCourt of Appeals for the Second Circuit · 1996