First Trust National Ass'n v. Chiang

In an action to foreclose a mortgage, the defendants Leo Y. Chiang and Betty Y.S. Chiang appeal from an amended order of the Supreme Court, Nassau County (Kutner, J.), entered November 12, 1996, which, inter alia, granted the plaintiff’s motion to dismiss their affirmative defense and for summary judgment in its favor.

Ordered that the amended order is reversed, on the law, the order entered June 27, 1996, is vacated, and the plaintiffs motion is denied.

On October 25, 1988, the appellants executed a note and mortgage on real property in favor of Residential Mortgage Service, Inc. (hereinafter…