Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was to dismiss the counterclaim of the defendant Kishor Rao, and substituting therefor a provision granting that branch of the plaintiff's motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff commenced this action to foreclose on a purchase money mortgage it holds on commercial...
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