Marine Midland Bank, N. A. v. Berley

Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered October 16, 1981 in Albany County, which, inter alia, granted plaintiff’s motion for a severance pursuant to CPLR 603. In March of 1976, plaintiff Marine Midland Bank, N.A., commenced the underlying action herein to foreclose a single mortgage securing six notes in the total amount of $488,134.30. On its face, the mortgage was executed by defendant Fairwood Associates, a limited partnership with two general partners Samuel M. Berley and David B. Berley, defendant Carleton Construction Company, a partnership…