V & D Realty USA Corp. v. Mitso Group, Inc.

In an action to foreclose a mortgage on real property, the defendants R.G. Capital Corporation, Nor star Bank, Fleet National Bank, and Sunrise Charter Management Corp. appeal from so much of an order and judgment (one paper) of the Supreme Court, Kings County (Golden, J.), dated February 13, 1996, as granted the plaintiff’s cross motion for partial summary judgment dismissing the appellants’ affirmative defenses and counterclaims "as they relate to the question of priority” of various mortgages.

Ordered that the order and judgment is reversed insofar as appealed from, with costs, and the…