- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Jan 24 2013 (Date Decided)
- Tom, J.P., Saxe, Moskowitz, Abdus-Salaam, Gische, JJ.
9068. 1855 EAST TREMONT CORP., plf-ap, v. COLLADO HOLDINGS LLC def-res, CASA REDMIX CONCRETE CORP. def — Belkin Burden Wenig & Goldman, LLP, New York (Magda L. Cruz of counsel), for ap — Catafago Law Firm, P.C., New York (Jacques Catafago of counsel), for res — Order, Supreme Court, Bronx County (John A. Barone, J.), entered October 7, 2011, which, to the extent appealed from, denied plaintiff's motion for summary judgment dismissing defendants' affirmative defenses and counterclaim, awarding plaintiff a judgment of foreclosure, and referring the matter to a referee for an accounting of the amount due to plaintiff under the subject mortgage, unanimously reversed, on the law, with costs, the motion granted, and the matter remanded for appointment of a referee, to compute and ascertain the amount due to plaintiff on the subject mortgage and to report on whether the subject property should be sold in one parcel.
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