Ordered that the order dated January 31, 2011, is modified, on the law, (1) by deleting the provision thereof upon reargument, denying that branch of the cross motion of the plaintiff Rite Capital Group, LLC, which was for summary judgment declaring that the portion of its mortgage lien on the subject real property representing security for loan proceeds up to the amount of $270,114.20 plus interest is superior to the mortgage lien held by the defendant Zeg Enterprises, Inc...
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