Ordered that the appeal is dismissed, without costs or disbursements.
In April 2004, the defendant Daniel Mitchell (hereinafter the defendant) executed a note secured by a mortgage on certain real property located in Brooklyn. In August 2009, the plaintiff commenced this action to foreclose the mortgage. The defendant interposed an answer.
In 2012, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant...
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