Citibank, N. A. v. Restrepo

In an action, inter alia, to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated October 3,1994, as denied its motion for partial summary judg*576ment declaring the priority of its mortgage and granted the cross motion of the defendant Dupont Equity Corp. for partial summary judgment declaring the priority of its mortgage.

Ordered that the order is modified, on the law, by deleting the provision thereof which granted the cross motion of the defendant Dupont Equity Corp. and substituting therefor a…