21-55 45th Road, LLC v Altamirano

Holding The Appellate Division affirmed the grant of summary judgment in favor of the plaintiff in a mortgage foreclosure action, finding that the defendant failed to raise a triable issue of fact regarding the cure of default. The court held that a dispute over the total amount of indebtedness does not preclude summary judgment on the foreclosure cause of action but is properly resolved by a referee.

The court’s words

a lender may accept a partial payment without revoking its acceleration of a loan

2026 NY Slip Op 05755, at the official text

the defendant failed to submit sufficient evidence to raise a triable issue of fact as to whether he cured his default

2026 NY Slip Op 05755, at the official text

the existence of a dispute as to the total amount of indebtedness does not preclude summary judgment on the foreclosure cause of action

2026 NY Slip Op 05755, at the official text