Scharaga v. Schwartzberg

In a mortgage foreclosure action, the defendants appeal from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), entered May 19, 1988, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (10), or, alternatively, to stay the action pursuant to CPLR 2201, and to direct the nonresident plaintiff to furnish security for costs pursuant to CPLR 8501 (a), and which granted the plaintiffs’ motion for the appointment of a Referee to compute the amount due under the mortgage and note.

Ordered that the order is modified, on the law, by deleting (1) the provision…