Ordered that the order is affirmed, with costs.
On August 2, 2005, the defendant Norberto Navarro (hereinafter the defendant) executed an adjustable rate note in the amount of $331,760. The defendant defaulted on the accompanying mortgage. By summons and complaint dated November 2, 2009, the plaintiff commenced an action to foreclose the mortgage. That action was discontinued on September 27, 2012. By summons and complaint dated May 11, 2012, the plaintiff commenced...
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