Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant Schorr Brothers Development Corp. (hereinafter Schorr) argues that it executed the subject mortgage, upon which it later defaulted, under economic duress, only to avoid litigating a declaratory judgment action brought by the plaintiff. Schorr alleges that the substantial delay caused by the litigation would have resulted in the loss of an $18,000,000 mortgage commitment from the...
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