Marine Midland Bank v. Charmant Travel Lodge, Inc.

In an action, inter alia, to foreclose a mortgage, plaintiff appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Orange County (Isseks, J.), dated April 4, 1984, as denied its cross motion to dismiss defendant Gerald J. Cimorelli’s answer and counterclaim, and to proceed against him for a deficiency judgment.

Order affirmed insofar as appealed from, with costs.

Plaintiff’s application to proceed against Gerald J. Cimorelli (hereinafter defendant) for a deficiency judgment was properly denied since it was not disputed that the application was not…