McSorley v. Spear

In an action to foreclose a mortgage, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Barone, J.), entered June 12, 2003, as denied that branch of his motion which was to amend a judgment of the same court entered May 6, 2003, to provide that he is not precluded from commencing a separate action on the promissory note.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was to amend the judgment to provide that the plaintiff is not precluded from commencing a…