Opinion
April 18, 1995
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
Defendant failed timely to make her monthly mortgage payments and was in arrears for several months when plaintiff notified her of the default and plaintiff's election to accelerate all payments pursuant to the mortgage agreement. Any tender of monthly mortgage payments in less than the full amount then due attempted by defendant after acceleration and after the foreclosure action was initiated was rightfully rejected by plaintiff (see, Dime Sav. Bank v Dooley, 84 A.D.2d 804).
Under the circumstances, substituted service (CPLR 308) in this foreclosure action was properly made upon the doorman of the premises covered by the mortgage, since defendant represented her address to be said premises and since there is insufficient evidence to demonstrate that plaintiff knew that defendant resided elsewhere.
Defendant waived her claim that the Referee was biased since she did not move the court for such relief until weeks after the hearing occurred and only after plaintiff moved to have the referee's report confirmed and for entry of a judgment of foreclosure and sale. (Fisher v Fisher, 223 App. Div. 19, 21, affd 250 N.Y. 313.)
We have considered defendant's other claims and find them to be meritless.
Concur — Sullivan, J.P., Rosenberger, Wallach, Asch and Williams, JJ.