Fairmont Assocs. v. Fairmont Estates

In Fairmont Assocs. v. Fairmont Estates (99 AD2d 895 [3d Dept 1984], appeal denied 62 NY2d 602 [1984]), which held that "the equitable remedy of foreclosure may be denied in the case of an inadvertent, inconsequential default in order to prevent unconscionably overreaching conduct by a mortgagee." The Appellate Division, Third Department, in Fairmont Assocs. (99 AD2d at 896), found that the default by the plaintiff-mortgagor "was occasioned by an inadvertent clerical error on the part of either the plaintiff-mortgagor or its bank; that the plaintiff-mortgagor had tendered full payment of the installment due immediately upon discovery of the problem; that the actual period of delay was relatively brief; that acceleration of the debt would work a substantial hardship; and that the defendants offered no true opportunity for the plaintiff-mortgagor to remedy the inadvertent error and were all too anxious to exercise their acceleration rights."