Ordered that the order and judgment is affirmed insofar as appealed from, with costs.
In 1988 the respondent gave two mortgages on certain real property to the appellant. Those mortgages were the third and fourth mortgages, respectively, on the subject property. Although the respondent did not make a single payment on either of the mortgages, the appellant never commenced an action to foreclose them. In 1992 the respondent filed for relief under 1978 Bankruptcy Code...
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