Mariani v. J.K.I.F. Management, Inc.

*939OPINION OF THE COURT

Edward H. Lehner, J.

At issue on this motion is whether plaintiffs’ decision to forego obtaining a deficiency judgment after foreclosing upon a mortgage on realty owned by movant Jung Ja Kim, which had been delivered to plaintiffs as collateral security for a debt guaranteed by movant, bars them from proceeding against her to enforce a judgment by confession entered pursuant to an affidavit she executed at the time of the delivery of the mortgage. I find that plaintiffs are so barred and direct that the judgment be deemed discharged.

FACTS

On April 15, 1987, defendant…