Opinion
December 15, 1986
Appeal from the Supreme Court, Orange County (Coppola, J.).
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
The affidavits submitted on behalf of, and in opposition to, the plaintiffs' motion for summary judgment present an issue of fact as to whether the appellants' mortgage payment due on September 30, 1984 was made within the 30-day grace period provided by the bond and mortgage (see, Title Guar. Trust Co. v. Queens Freeholds, 267 App. Div. 787; Fourth Section Corp. v Carton Enters., 29 Misc.2d 746). Mangano, J.P., Brown, Weinstein and Spatt, JJ., concur.