OPINION OF THE COURT
THOMAS F. WHELAN, J.
It is ordered that this motion by the plaintiff for partial summary judgment on its first cause of action against defendant Flynn and for dismissal of the affirmative defenses and counterclaims asserted in his answer is considered under CPLR 3212 and RPAPL article 13 and is granted.
On November 21, 2008 the plaintiff commenced this hybrid action to foreclose...
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