Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment dismissing the answer and first and third affirmative defenses of the defendant Joshua Nesbitt are denied, and, upon searching the record, the defendant Joshua Nesbitt is awarded summary judgment dismissing the cause of action to foreclose the subject mortgage insofar as asserted against him.
The...
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