Order affirmed insofar as appealed from, with costs.
Plaintiff's application to proceed against Gerald J. Cimorelli (hereinafter defendant) for a deficiency judgment was properly denied since it was not disputed that the application was not made within 90 days after consummation of the sale as is required by RPAPL 1371. Special Term also correctly determined that the remainder of plaintiff's cross motion sought to dismiss defendant's severed answer and counterclaim...
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