Order unanimously modified, on the law, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum:
Niagara Development Corporation of Buffalo (Niagara), successor in interest to plaintiff Exchange National Bank of Chicago, is entitled to partial summary judgment dismissing the third and fourth affirmative defenses of defendant Ferridge Properties of New York, Inc. (Ferridge). Niagara is seeking to foreclose on property located...
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