Exeter Holding, Ltd. v. Starling Development Corp.

—In an action to foreclose a consolidated mortgage, the defendants Starling Development Corp. and John Fetkovich appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Costello, J.), dated January 24, 2000, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them and, in effect, for summary judgment on the issue of liability on their counterclaim.

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

Contrary to the appellants’ contention, they failed to establish by clear and convincing…