Rosen v. 124 State Street Corp.

—In a mortgage foreclosure action, the plaintiff appeals from (1) a judgment of the Supreme Court, Kings County (Huttner, J.), entered March 21, 1990, which, inter alia, awarded the defendant the principal sum of $31,588.38 on its counterclaim, and (2) so much of an order of the same court dated December 5, 1990, as denied his motion, pursuant to CPLR 4404, to set aside the judgment and for a new trial.

Ordered that the judgment is modified by reducing the amount of damages awarded from the principal sum of $31,588.38 to the principal sum of $30,988.38; as so modified the judgment is affirmed;…