Trisingh Enterprises, Inc. v. Kessler

—Order, Supreme Court, New York County (Charles Ramos, J.), entered June 25, 1996, which denied the motion of defendant-appellant Jerome Kessler to dismiss the complaint to the extent that it sought a deficiency judgment against him, unanimously reversed, on the law and the facts, with costs and disbursements, and the motion granted.

This action was brought by the plaintiff to foreclose a first mortgage on property in the County of New York. The action not only seeks to foreclose on appellant’s subordinate mortgage on the property, but also seeks a deficiency judgment against the appellant,…