Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.
In November 2006, the defendants John Fitzgerald and Sandra Fitzgerald (hereinafter together the defendants) executed a promissory note in the sum of $127,200 in favor of nonparty IndyMac Bank, FSB (hereinafter IndyMac). The note was secured by a mortgage encumbering real property in Pleasant Valley, executed by the defendants in favor of Mortgage Electronic Registration Systems...
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