Bank of New York v. Midland Avenue Development

In a foreclosure action, the plaintiff appeals from an order of the Supreme Court, Westchester County (Burrows, J.), entered February 27, 1991, which, inter alia, denied its motion for summary judgment.

Ordered that the order is modified, on the law, by granting the motion to the extent of dismissing the affirmative defense *642of tender asserted in the answer of the defendant Estate of William F. Cassin and otherwise denying the motion; as so modified, the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff contends that there…