Jeferne, Inc. v. Capanegro

— In an action to foreclose a mortgage, the appeal is from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated January 12, 1983, as denied a motion to dismiss the action as to all defendants other than Sun Haven Motel Corp. and to strike the action from the calendar. Order reversed insofar as appealed from, on the law, and motion granted. Plaintiff initially commenced this action predicated on the allegations that the mortgage payment due on June 10,1981 was not timely made. On a prior appeal, this court reversed an order which denied summary judgment dismissing the…