Ordered that the order is affirmed insofar as appealed from, with costs.
This action to foreclose a mortgage was originally commenced against, among others, the mortgagor after she had died, apparently intestate. The summons and complaint were thereafter served on the mortgagor's heirs, including the appellant, her son Johnnie Faulcon. The plaintiff's motion, inter alia, to discontinue the action against the mortgagor was granted, and thereafter, the appellant's motion...
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