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Sarva v. Chakravorty – Case Brief Summary (New York)

In Sarva v. Chakravorty (34 AD3d 438, 826 NYS2d 74 [2d Dept 2006]), the lender expressed the "belief" that he sent a letter to the borrower accelerating the debt.

However, the borrower denied receipt of the alleged letter, the alleged letter was not placed in evidence, and the lender accepted periodic installment payments for years after the letter was allegedly sent.

Therefore, the Court concluded that the evidence failed to establish that the debt was accelerated prior to the commencement of the foreclosure action.