Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Supreme Court properly granted plaintiffs' motion for summary judgment seeking a judgment of foreclosure and dismissing defendants' second and fourth counterclaims. Moreover, in our view, defendants' first and third counterclaims must also be dismissed. Defendants concede that they are in default on the mortgage but contend that plaintiffs' preagreement...
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