Ordered that the order is modified, on the law, by deleting the provision thereof directing the plaintiff to join the estate of the now-deceased mortgagor Jack Rose, and adding thereto a provision that the denial of the plaintiff's motion for summary judgment is without prejudice to renewal upon completion of discovery; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
There was no need to join the estate of the now-deceased...
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