Ordered that the order is affirmed insofar as appealed from, with costs.
After the plaintiff commenced the instant mortgage foreclosure action, the defendant Israel Drillick asserted in his amended answer, inter alia, that the subject mortgage was void as against his earlier recorded deed for the purchase of a portion of the subject property pursuant to Real Property Law § 291. Drillick then moved, inter alia, to vacate the plaintiff's jury demand. The Supreme...
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