Comerica Bank, N.A. v. Benedict

*222In an action, inter alia, to foreclose a mortgage, the defendant Elena Duke Benedict appeals from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered October 7, 2003, which granted the plaintiffs’ motion for summary judgment on their cause of action to foreclose the mortgage and to dismiss her affirmative defenses and counterclaims and denied her cross motion for summary judgment dismissing the complaint insofar as asserted against her.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the motion and substituting therefor a…