Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, upon reargument, the determination in the order dated January 28, 2008, denying that branch of the defendant's motion which was for summary judgment on so much of its first counterclaim as sought a judgment, in effect, declaring that the plaintiff's 50% ownership interest in the subject property which was not formerly owned by Millenium Land Developers, Inc., was encumbered...
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