Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
In March 1998, nonparty Marion Napier executed a note in favor of Saxon National Mortgage Bankers, Ltd., which was secured by a mortgage on real property located in East Elmhurst (hereinafter the premises). Marion died in 2001. In March 2003, Bank One National Association (hereinafter Bank One), as assignee of the mortgage, commenced an action
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