Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the motion which were for summary judgment and appointment of a referee to ascertain and compute the amount due on a note and mortgage, and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed, with costs to the appellants.
The Supreme Court improperly granted those branches of the plaintiff's motion...
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