Tamily v. General Contracting Corp.

—Peters, J.

Appeal from an order of the Supreme Court (Keniry, J.), entered April 8, 1996 in Saratoga County, which, inter alia, partially denied plaintiffs motion for summary judgment.

The procedural and factual history of this case are more fully set forth in our prior decision in Tamily v General Contr. Corp. (210 AD2d 564). At issue in Tamily was the validity of certain mortgages, only one of which is pertinent herein. That mortgage was initially executed in favor of Sydell Zippern, who in turn assigned it to plaintiff (hereinafter the Zippern mortgage). In an earlier related action,…