It is hereby ordered that the order so appealed from is reversed in the exercise of discretion without costs and plaintiff's motion is granted, the judgment of foreclosure and sale is modified by granting plaintiff priority in the amount of $5,500,000, plus interest from March 29, 2007, the order confirming the Referee's report of sale is vacated, the Referee's deed is set aside and a new foreclosure sale for 101-131 Onondaga Street, Syracuse, New York is ordered.
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