Moet v. McCarthy

Appeal from an order of the Supreme Court (Keniry, J.), entered January 12, 1996 in Saratoga County, which denied plaintiff’s motion for summary judgment.

Plaintiff commenced this action to foreclose defendant James P. McCarthy’s January 31, 1994 mortgage. Following joinder of issue, plaintiff moved for summary judgment. In opposition to the motion, McCarthy asserted plaintiff’s failure to send him a notice setting forth the information detailed in paragraph 21 (B) of the parties’ mortgage, which constitutes a contractual condition precedent to a demand for the balance due under the mortgage.…