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AL'S REAL ESTATE, INC. v. GIBSON

41 A.D.3d 746 (2007)

839 N.Y.S.2d 204

AL'S REAL ESTATE, INC., Appellant, v. MAURICE GIBSON et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 26, 2007.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the plaintiff's failure to include one of the two parcels of land identified in the underlying mortgage when it commenced a prior foreclosure action in 1991 resulted in "abandonment of the lien on the portion omitted" (Bodner v Brickner, 29 A.D.2d 441, 446 [1968]). Thus, the plaintiff could not maintain the instant foreclosure action with...

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