Winfield Capital Corp. v. Green Point Savings Bank

—In an action, inter alia, to foreclose a mortgage, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated December 15, 1997, as, upon renewal, adhered to a prior determination of the same court (Milano, J.), made in an order dated January 13, 1994, which denied the plaintiffs motion for summary judgment.

Ordered that the order dated December 15,1997, is reversed insofar as appealed from, on the law, with costs, the plaintiffs motion for summary judgment is granted, and the order dated January 13, 1994, is vacated.

The plaintiff Winfield Capital…