Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the plaintiff's motion which were for summary judgment on the causes of action relating to unpaid mortgage installments which accrued on or before January 27, 2010, insofar as asserted against the defendants Stephen D. Miele and Catherine G. Miele, and to strike those defendants' affirmative defenses and counterclaims relating to those causes of action, and substituting...
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