NEWBURGH BANK v. GROSSMAN


118 Misc.2d 1036 (1982)

Newburgh Savings Bank, Plaintiff, v. Charles M. Grossman et al., Defendants.

Supreme Court, Orange County.

October 27, 1982


Attorney(s) appearing for the Case

Northrop & Stradar for plaintiff. Crain & Rones for Charles M. Grossman and another, defendants. Bloom & Bloom, P. C., for Daniel D. Dulude and another, defendants.


IRVING A. GREEN, J.

In an action to foreclose a mortgage upon an improved residential parcel of real property, the plaintiff moves the court for an order striking the answer of the defendants and for summary judgment in its favor. The issue which is determinative of this motion is whether an installment contract of sale of the premises constitutes a "sale or conveyance of the premises" activating the option secured to the plaintiff, as mortgagee, to declare...

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