Ordered that the order is affirmed insofar as appealed from, with costs.
On September 22, 1987, the plaintiff executed a mortgage note and mortgage in favor of the defendant in the amount of $55,000, payable on September 28, 1988. In October 1988, the plaintiff made a partial payment of the debt. Thereafter, there were no further payments on the indebtedness and the defendant took no action to foreclose. In January 1997, the plaintiff commenced the instant action...
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