Ordered that the order is affirmed insofar as appealed from, with costs.
The Federal Deposit Insurance Corporation (hereinafter FDIC), as successor to the Resolution Trust Corporation, became the receiver of notes and mortgages from an insolvent bank, Yorkville Federal Savings & Loan Association, in order to recover, to the extent possible, the value of that bank's assets and pay its creditors. In 1995 the FDIC assigned the notes and the mortgages to the defendant...
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