Manufacturers & Traders Trust Co. v. Korngold

In Manufacturers & Traders Trust Co. v. Korngold (162 Misc 2d 669 [Sup Ct, Rockland County 1994]) paragraph 19 of the mortgage therein unambiguously provided that the mortgagee may require immediate payment in full "only if all of the following conditions are met," and an "enumerated precedent condition [wa]s that the '`Lender' send a 30-day notice of default," thereby precluding the acceleration of the mortgage without such notice. The Supreme Court, Rockland County, in Manufacturers & Traders Trust Co. (162 Misc 2d at 671), therefore, held that since the notice of default sent by the lender's agent therein not only failed to include any proof of its agency, but, in fact, even failed to mention the plaintiff lender, an issue of fact precluding summary judgment was raised as to whether the plaintiff lender had ever notified the defendant mortgagors therein that its agent had full authority to act as its agent, or whether circumstances were such that the defendants acquired such knowledge by other means.