Crew III, J.
The instant appeal has its genesis in an underlying matrimonial action between plaintiff's son, Luigi Audi, and his spouse. In the context of that action, Supreme Court ordered that Audi and his spouse refrain from encumbering certain real property owned by them and located at 163 Dahlia Street in the City of Schenectady, Schenectady County. Prior to the completion of the court-ordered sale of that parcel, Audi executed a note and mortgage in favor of...
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