Congregation Atzei Chaim v. 26 Adar N.B. Corp.

In an action to foreclose a mortgage, the defendants 26 Adar N.B. Corp. and Nachman Brach appeal from so much of an order of the Supreme Court, Kings County (Jones, J.), dated July 13, 2004, as denied their motion to dismiss the complaint, and the plaintiff cross-appeals, as limited by its notice of appeal and brief, from so much of the same order as denied that branch of its cross motion which was for summary judgment dismissing the defense based on Judiciary Law § 489 (1).

Ordered that the order is reversed insofar as cross-appealed from, on the law, and that branch of the cross motion which…