Ordered that the order is affirmed, with costs.
The defendant held a mortgage in the amount of $6,500,000, including several notes secured by the mortgage, constituting a lien on real estate owned by the plaintiff. The plaintiff sought to assign the mortgage to East New York Savings Bank. The defendant agreed to execute an assignment of the mortgage but could not produce the underlying notes. The defendant offered to execute a "lost-note affidavit", but the assignee...
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