Marine Midland Bank, N. A. v. Micheli Contracting Corp.

— Appeal from an order of the Supreme Court at Special Term (Cobb, J.), entered March 26, 1982 in Albany *947County, which denied plaintiff’s motion for summary judgment and other relief. Plaintiff herein commenced a single foreclosure action. All of the defendants alleged in the complaint to be liable on the indebtedness (six promissory notes) secured by the mortgage defaulted in serving an answer with the exception of Fairwood Associates, which served an answer containing affirmative defenses and a counterclaim. Plaintiff moved for a severance of its claims against Fairwood Associates on four…