Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs and defendant held mortgages on the same property in Brooklyn, executed the same day, July 7, 1988, by George Henry. The same person notarized Henry's signature on both mortgages. Plaintiffs' mortgage was recorded on July 27, 1988 and defendant's was recorded on August 12, 1988. Following a foreclosure action brought by plaintiffs in which defendant...
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