Marcus Dairy, Inc. v. Jacene Realty Corp.

In an action to foreclose a mortgage, the defendant Jacene Realty Corp. appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Wood, J.), dated January 28, 1991, as denied its cross motion to dismiss the action on the ground that another action is pending for the same relief.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant is guarantor of the payment of two promissory notes issued by Freedom Foods, Inc., and assigned to the plaintiff. The appellant secured the guarantee with a mortgage on the subject property…