Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, that branch of the plaintiff's motion which was to restore the action to the active calendar is granted, and the cross motion of the defendant Joanne Gambino to dismiss the complaint insofar as asserted against her is denied.
In 2004, Joanne Gambino executed a promissory note secured by a mortgage on her real property. On May 21, 2010, the mortgage was assigned...
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