240 A.D.2d 476 (1997)

658 N.Y.S.2d 138

Joseph Loiacono, Appellant, v. Morris Goldberg et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 9, 1997

Ordered that the order is modified, on the law, by deleting the provision thereof which granted that branch of the motion which was to dismiss the plaintiff's causes of action to recover installments due after October 1989 and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiff.

The original mortgage and note between the plaintiff and the defendants Morris Goldberg and Janice Goldberg...

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