Order affirmed insofar as appealed from, with $50 costs and disbursements.
Plaintiff commenced this action to foreclose a mortgage by the service of a summons without a complaint. He then moved, inter alia, for an order directing defendant to furnish a copy of the mortgage which, he alleges, was prepared by defendant and which was to have been recorded by him. It has never been recorded and plaintiff avers that he does not have a copy thereof. The order entered...
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